i,;-^ 


^ 


Library  of  the 
Tniversity  of  North  Carolina 

ItKlnwcd  hj'  the   Dialectic  and  Philan- 
tliropic  Societies. 


^^i-  S".  7^  -   IT  5^ 


k  * 


iT-niimmiiiti 


COLLECTION 

O    F 

All    the    PUBLIC 

ACTS  OF  ASSEMBLY, 

O    F 

The    PROVINCE    of 

NORTH-  CAR  O  L INA: 

Now  in  F  O  R  C  E  and  U  S  E. 


Together  with  the  TITLES  of  all  fuch  L.AWS  as  are  Obfolete,  Ex- 

pir'd,  or  Repca,rc, 


And  alfo,  an  exad  TABLE  of  the  Titles  of  the  ACTS  in  Force. 


Revised  by  CommiJJicners  appointed  by  an  ASi  of  the  GENERAL  AS- 
SE  MB  LT  of  the  faid  Pro'jince,  for  that  Purpofe ;  and  Examined 'with  the 
Records^  and  Confirmed  in  full  Ajfembly. 


■t:     -ir--     irr    ^ 


•sr"    1 


NEJVBBRN:    Printed  by  James  Davis,  M,DCC,LII. 


TO   His    EXCELLENCY 

GABRIEL   JOHNSTON,   Efq; 
Captain-General,    Governor  and  Commander  in 

Chief,    in    and    over  His  Majelly's  Province   oi  ISonh-Carolma, 
and  Vice-Admiral  of  the  fame. 

May  it  pkafe   Tour   Excellency 

CO  L.  Mofeleyy  the  other  Commiflioner  concerned  with  me, 
in  the  CoUeding,  Compiling,  Revifing,  and  Printing  the 
LAWS  in  Force  in  this  Province,  being  dead,  I  alone 
beg  Leave  to  Dedicate  Them  to  Your  Excellency,  as  their  Patron 
and  Prote6i:or  j  under  whofe  wife  and  prudent  Adminiftration,  the 
grcateft  Part  of  the  beft  of  them  have  beeti  formed. 

FROM  the  known  Benevolence  of  your  Di{pofition,  I  am  fa- 
tisfied,  it  muft  give  You  great  Pleafure,  Sir,  That  this  WORK, 
fo  repeatedly  recommended  to  the  General  AiTembly  of  this  Pro- 
vince, and  fo  long  and  earneftly  defir'd  by  You  \  hath  been  car- 
ried on  by  Your  favourable  Influence,  and  finifhed  during  Your 
Government. 

A  L  T  H  O'  the  Subftance  of  each  Law  and  Claufe  of  every 
Law,  in  Force,  is  ftri(9^1y  preferred  \  yet,  I  am  fenfible,  they  fall 
greatly  fhort  of  that  Correi^nefs  in  Stile  and  Didiion,  which  may 
be  expe(9:ed  in  a  Work  of  this  Nature  ;  and,  in  thofe  Points,  will 
not  ftand  an  Examination,  efpecially  of  fo  difcerning  a  Judge  as 
Your  Excellency :  But  as  you  are  well  acquainted  with  the  many 
Difficulties  which  attended  us,  in  the  performing  this  Service  for  the 
Publick,  I  hope  our  Defeds  will  by  You  be  favourably  confidered. 

I  am  Your  Excellency's 

Moft  Dutiful  and  Obedient 

Humble  Servant, 
SAMUELSWANN. 


V  -A^  -A-  •^'"  -A-  '«*^  -<"  -J^  -^^  '<'"  "^  ■^■'^  "^  ."^  ."^  ."f^  /i'."  .'fr  ."^^  ,"*"  .'i'''  .Sh  ."^  ."iy  ."iy  h 


.^^  ^il^llsJ^&Cv^ 


K  *■*-  "!►•  'W'  -H*"  *^'  "IP-  "^1^  'W-  "^r-  •If'  ".f-  "a^  '^r-  -^^ 


THE     SECOND 


Granted  by  King  C HA RLES,  II. 

T  O    T  H  E 

Proprietors  oi  CAROL  IN  A, 

CHARLES  the  Second,  by  the  Grace  of  God,  of  Great- 
Britain,  France,  and  Ireland,  King,  Defender  of  the  Faith, 
&c.  \V  H  E  Pv  E  A  S,  by  our  Letters  Patents,  bearing  Date 
the  Twenty  Fourth  Day  of  March,  in  the  Fifteenth  Year  of 
our 'Reign,.  We  were  graciouily  pleafed  to  grant  unto  our  right  trufty 
and  rieht  well-beloved  Coufin  and  Counfellor  Edward  Earl  of  Claren- 
don our  High  Chancellor  of  England,  our  right  trufty  and  entirely  be- 
loved Coufm  and  Counfellor  George  Duke  oi  Albemarle,  Mafter  of  our. 
Horfe  J  our  right  trufly  and  well-beloved  William  now  Earl  of  Craven  ; 
our  right  trufcy  and  well-beloved  Counfellor  'John  Lord  Berkeley ;  our 
rio-ht  trufty  and  well-beloved  Counfellor  Anthojiy  Lord  AJJpley,  Chan- 
cellor of  our  Exchequer  ;  our  right  trufty  and  wcU-beloved  Counfellor 
Sir  George  Carteret,  Knight  and  Baronet,  Vice-Chancellor  of  our  Houf- 
hold  ;  our  right  trufty  and  v/ell-belovcd  Sir  John  Colleton,  Knight  and 
Baronet ;  and  Sir  William  Berkeley,  Knight ;  all  that  Province,  Terri- 
tory, or  Traft  of  Ground,  called  Carolina,  fituate,  lying  and  being  with- 
in our  Dominions  ol America;  extending  from  the  A^c/Y^  End  of  the 
Ifland  called  Liike-Ijland,  which  lyeth  in  tlie  Southern  Virginia  Seas, 
and  within  Thirty  Six  Degrees  of  North  Lattitudc  ;  and  to  the  Weft,  as 
far  as  the  South-Seas ;  and  fo  refpedively  as  far  as  the  River  of  Matthi- 
as, which  bordereth  upon  the  Coaft  of  Florida,  and  within  Thirty  One 
Degrees  of  Northern  Lattitude  j  and  fo  Weji,  in  a  diredt  Line,  as  far  as 
the  South-Seas  aforefaid, 

NOW  Know  ye.  That  We,  at  the  humble  Requeft  of  the  faid 
Grantees,  in  the  aforefaid  Letters  Patents  named,  and  as  a  further  Mark 
of  our  efpecial  Favour  to  them,  we  are  gracioufly  pleafed  to  enlarge  our 
faid  Grant  unto  them,  according  to  the  Bounds  and  Limits  hereaftesr 
fpecified,  and  in  Favour  to  the  pious  and  noble  Purpofe  of  the  the  faid 
Edivard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 

^  Craven^ 


Tbe   Proprietors   Second  CHARTER. 


Crave?!,   'John  .Lord  Berkeley,   Anthony  Lord  Ajhley,  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  AfTigns,  all 
that  Province,  Territory,  or  Trad:  of  Land,  lituate,  lying  and  being 
within  our  Dominions  of  America  aforefaid  ;  extending  North  and  Eajt- 
ward,  as  far  as  the  North  End  of  Currituck  River  or  Lilet,  upon  a  ftrait 
Wejlerly  Line  to  Wyonoak  Creek,  which  lies  within  or  about  the  the  De- 
grees of  Thirty  Six,  and  Thirty  Minutes,  Northern  Lattitude ;  and  fo 
Wefty  in  a  dircd:  Line,  as  far  as  the  South-Seas ;  and  South  and  Wejl- 
ward,  as  for  as  the  Degrees  of  Twenty  Nine,  inclufive,  o^  Northern  Lat- 
titude ;  and  fo  Weft,  in  a  dired  Line,  as  far  as  the  South-Seas  -,  together 
with  all  and  fingular  the  Ports,  Harbours,  Bays,  Rivers,  and  Inlets,  be- 
longing unto  the  Province  or  Territory  aforefaid  :  And  alfo,  all  the  Soils, 
Lands,  Fields,  Woods,  Mountains,  FermSj    Lakes,  Rivers,  Bays,  and 
Iflets,  fituate  or  being  ¥/ithin  the  Bounds  or  Limits  laft  before  mention- 
ed ;  with  the  Fifhings  of  all  Sorts  of  Fifh,  Whales,  Sturgeons,  and  all 
other  Royal  Fi(h,  in  the  Sea,  Bays,  Illets,  and  Rivers,  within  the  Pre- 
mifcs,  and  the  Filh  therein  taken,  together  with  the  Royalty  of  the  Sea 
upon  the  Coafl  within  the  Limits  aforefiid ;  and  moreover  all  Veins, 
Mines,    and  Quarries,  as  well  difcovered  as  not  difcovered,  of  Gold, 
Silver,  Gems,  and  precious  Stones,  Metal,  or  any  other  Thing,  found, 
or  to  be  found,  within  the  Province,  Territory,  Iflets^  and  Limits  a- 
forefaid  :  And  further  more,  the  Patronage  and  Advowfons  of  all  the 
Churches  and  Chapels,  which,  as  Chriflian  Religion  fliall  increafe  with- 
in the  Province,    Territory,  Illes,  and  Limits  aforefaid,    fhall   happen 
hereafter  to  be  ereded ;    together  with  Licenfe  and  Power  to  builij  and 
found  Churches,  Chapels,  and  Oratories,  in  convenient  and  fit  Places, 
within  the  faid  Bounds  and  Limits  j  and  to  caufe  them  to  be  dedicated 
and  confecrated,  according  to  the  Ecclefiaftical  Laws  of  our  Kingdom 
of  England ;  together  with  all  and  fingular  the  like  and  as  ample  Rights, 
Jurifdidions,  Privileges,  Prerogatives,  Royalties,  Liberties,  Immunities, 
and  Franehifes,  of  what  Kind  foever,  within  the  Territory,  Illes,  Illets, 
and  Limits  aforefaid  :  To  have,  hold^  ufe,  exercife,  and  enjoy  the  fame, 
as  amply,  fully,  and  in  as  ample  Manner,  as  any  Bifliop  oi  Durham,  in 
our  Kingdom  of  England^  ever  heretofore,  had,  held,  ufed,  or  enjoyed, 
or  of  Right  ought  of  Could  have,  ufe,  or  enjoy  :  And  them  the  faid 
Edward  Earl  oi  Clarendon^  George  Duke  oi  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley^  Anthony  Lord  Ajhley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley ^  their  Heirs  and  Afiigns,  we 
do,  by  thefe  Prefents,  for  us,  our  Heirs  and  Succefi'ors,  make,  create, 
and  confi:itute,  the  true  and  abfolute  Lords  and  Proprietors  of  the  faid 
Province  or  Territory,    and  of  all  other  the  Premifes  j  faving  always 
the  Faith,  Allegiance,  and  fovereign  Dominion,  due  to  us,  our  Heirs 
and  Succefibrs,  for  the  fame  :  To  hold,  pofiefs,  and  enjoy  the  faid  Pro- 
vince, Territory,  Iflets,  and  all  and  fingular  other  the  Premifes,  to  them 
the  'faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Willi a7n 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Apley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and 
Afligns  for  ever  ;  to  be  holdcn  of  us,  our  Heirs  and  Succeflbrs,  as  of 
our  Manor  of  Eajl-Grecnwich,  in  Kent,  in  free  and  common  Soccagej 
and  not  in  Capite,  or  by  Knight's  Service  i  Yielding  and  paying,  Year- 
ly/ 


The  Prcprictors   Second  CHARTER, 


j!y,  to  us,  our  Heirs  and  Succeflbrs,  for  the  fame,  the  Fourth  Part  of  all 
'Gold  and  Silver  Oar,  which,  within  the  Limits  hereby  granted,  fliall, 
from  Time  to  Time,  happen  to  be  found,  over  and  belides  the  Yearly 
Rent  of  Tv^-enty  M:irks,  and  the  Fourth  Part  of  the  Gold  and  Silver 
Oir,  in  and  by  the  faid  written  Letters  Patent  referved  and  payable. 

AND  thp.t  the  Province  or  Territory  hereby  granted  and  defcribed, 
may  be  dignified  with  as  large  Tythes  and  Privileges,  as  any  other  Parts 
of  our  Dominions  and  Territories  in  that  Region  J  Know  ye.  That  we, 
of  our  further  Grace,  certain  Knowledge,  and  mere  Motion,  have 
thought  fit  to  annex  the  fame  Trad;  of  Ground  or  Territory  unto  the 
fame  Province  of  C^;W/W;  and  out  of  the  FuUnefs  of  our  Royal  Power 
and  Prerogative,  wc  do,  for  us,  our  Heirs  and  SuccefTors,  annex  and 
unite  the  fame  to  the  faid  Province  of  Carolina^ 

AND  forafmuch  as  we  have  made  and  ordained  the  aforefaid  Ed-^ 
ward  Earl  oi  Clarendon^  George  Duke  oi  Albemarle ^  William  Earl  of  Cra- 
ven, yohn  Lord  Berkeley^  Anthony  Lord  AJl:ley,  Sir  George  Carteret^  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  AfTigns,  the  true 
Lords  and  Proprietors  of  all  the  Province  or  Territory  aforefaid  j  Know 
ye  therefore  moreover.  That  we;  repofing  efpecial  Trufl  and  Confidence 
in  their  Fidelity,  Wifdom,  Juflice,  and  provident  Circumfpe<flion,  for 
us,  our  Heirs  and  Succefibrs,  do  grant  full  and  abfolute  Power,  by  Vir- 
tue of  thefe  Prefcnts,  to  them  the  faid  Edward  Earl  of  Clare?idori^ 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  "John  Lord  Berke- 
ley, Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  their  Heirs  and  Afligns,  for  the  good  and  happy  Go- 
vernment of  the  faid  whole  Province  or  Territory,  full  Power  and  Au- 
thority, to  ere(5t,  conflitute,  and  make  feveral  Counties,  Baronnies,  and 
Colonies,  of  and  within  the  faid  Provinces,  Territories,  Lands,  and  He- 
reditaments, in  and  by  the  faid  Letters  Patents,  granted,  or  mentioned 
to  be  granted,  as  aforefaid,  with  feveral  and  diftindl  Jurifdidrions,  Pow- 
ers, Liberties,  and  Privileges  :  And  alfo,  to  ordain^  make,  and  enad:, 
and,  under  their  Seals,  to  publifli  any  Laws  and  Conftitutions  whatfo- 
ever,  either  appurtaining  to  the  Public  State  of  the  whole  Province  or 
Territory,  or  of  any  diftind  ot  particular  County,  Baronny,  or  Colony, 
br  of  or  within  the  fame,  or  to  the  private  Utility  of  particular  Per- 
fons,  according  to  their  beft  Directions,  by  and  with  the  Advice,  Af- 
fent,  and  Approbation,  of  the  Freemen  of  the  faid  Province  or  Terri- 
tory, or  of  the  Freemen  of  the  County,  Baronny,  or  Colony,  for  which 
fuch  Law  or  Conftitution  fliall  be  made,  or  the  greater  Part  of  them, 
or  of  their  Delegates  or  Deputies,  whom,  for  enacting  of  the  faid  Laws, 
when,  and  as  often  as  Need  fhall  require.  We  will,  that  the  fliid  Ed- 
ward Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs  or  Afligns, 
ihall,  from  Time  to  Time,  aflemble,  in  fuch  Manner  and  Form  as  to 
them  fliall  feem  befl ;  and  the  fame  Laws  duly  to  execute,  upon  all 
People  within  the  faid  Province  or  Territory,  County,  Baronny,  or  Co- 
lony, or  the  Limits  thereof,  for  the  Time  being,  which  fhall  be  confli- 

tutedj 


The   Proprietors   Second  C  H  A  R  T  E  R, 


tuted,  under  the  Power,  and  Government  of  them  or  any  of  them,  ei- 
ther fliiling  towards  the  faid  Province,^  or  Territory  of  Carolina,  or  re- 
.turning  from  thence  towards  Eiigland,  or  any  other  of  our,  or  Foreign 
Dominions,  by  Impolition    of  Penalties,  Imprifonment,  or  any  other 
Punifhment ;  yea,  if  it  iliall  be  needful,  and  the  Quality  of  the  Offence 
require  it,  by  taking  away  Member  and  Life,  either  by  them  the  faid  Ed~ 
nvard  Earl  of  CIare?ido??y  George  Duke  of  Albemarle,  William  Earl  of  Cra~ 
"oen,  John  Lord    Berkeley,    Antlmiy  Lord   Ajhley,  Sir  George   Carteret, 
Sir  'John  Colleton^  and  Sir  JVilliam  Berkeky,  and  their  Fleirs,  or  by  them, 
or  their  Deputies,  Lieutenants,    Judges,  Juftices,  Magiftrates,  or  Of- 
ficers, whatfoever,  as  well  within  the  faid  Province,  as  at  Sea,  in  fiich 
Manner  and  Form  as  unto  the  faid  Edward  Earl  of  Clarejidon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeky,  An- 
thony hovd  AJJs'ley,  Sir   George  Carteret,  Sir  John  Colleron,  Siud  Sir  Wil- 
liam Berkeley,  and  their  Heirs,  (hall  feem  moft  convenient :  And  alfo, 
to  remit,  reieafe,  pardon,  and  abolifli,  whether  before  Judgment  or  af- 
ter, all  Crimes  and  Offences  whatfoever,  againff  the  faid  Laws ;  and  to 
do  all  and  every  Thing  and  Things,  which,  unto  the  compieat  Efta- 
blilhment   of  Juftice,  unto  Courts,  Seffions,  and  Forms  of  Judicature, 
and  Manners  of  proceeding  therein,  do  belong,  altho*  in  thefe  Prefents, 
exprefs  Mention  is  not  made  thereof ;  and  by  Judges  to  him  or  them 
delegated,   to  award  Procefs,  hold  Pleas,  and  determine,  in  all  the  faid 
Courts  and  Places  of  Judicature,  all  Adticns,  Suits,  and  Caufes,  what- 
foever, as  well  Criminal  as  Civil,  real,  mixt.  perfonal,  or  of  any  other 
Kind  or  Nature  whatfoever :  Which  Laws  fo  as  aforelaid  to  be  pub- 
lished, our  Pleafure  is,  and  we  do  enjoin,  require,  and  command,  fhall 
be  ablolutely  firm  and  available  in  Law  ;  and  that  all  the  leige  People 
of  us,  our  Heirs  and  Succeffors,  within  the  faid  Province  or  Territory, 
do  obferve   and  keep  the  fame   inviolably  in  thofe  Parts,  fo  far  as  they 
concern  them,    under  the  Pains  and  Penalties   therein    expreffed,    or 
to  be  expreffed  :    Provided  ncverthelefs.  That  the  faid  Laws  be  con- 
fonant  to  Reafon,  and  as  near  as  may  be  conveniently,  agreeable  to  the 
Laws  and  Cuffoms  of  this  our  Realm  of  E?igland. 

AND  becaufe  fuch  Affemblles  of  Freeholders  cannot  be  fo  fuddenly 
called  as  there  may  be  Occalion  to  require  the  fame,  we  do  therefore, 
by  thefe  Prefents,  give  and  grant  unto  the  faid  Edward  Earl  of  Claren^ 
don,  George  Duke  of  Albemarle^  William  Earl  of  Craven,  John  Lord 
Berkeley,  Antko?iy  Lord  j^hley.  Sir  George  Carteret y  Sir  John  Colleton^ 
and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  by  thcmfelves,  or 
their  Magiftrates,  in  that  behalf  lawfully  authorized,  full  Power  and 
Authority,  from  Time  to  Time,  to  make- and  ordain  fit  and  wholfome 
Orders  and  Ordinances  within  the  Province  or  Territory  aforefaid,  or  any 
County,  Baronny,  or  Province,  within  the  fame,  to  be  kept  and  obferved, 
as  well  for  the  keeping  of  the  Peace,  as  for  the  better  Government  of 
the  People  there  abiding,  and  to  publifh  the  fame  to  all  to  whorn  it 
may  concern  :  Which  Ordinances  we  do,  by  thefe  Prefents,  ftraitly 
charge  and  command  to  be  inviolably  obferved  witliin  the  fame  Pro- 
vince, Counties,  Territories,  Baronnies,  and  Provinces,  under  the  Pe- 
nalties therein  expreffed  -,  fo  as  fuch  Ordinances  be  reafonable,  and  not 

rep^g- 


The   Proprietors   Second  CHARTER. 


repugnant  or  contrary,  but,  as  near  as  may  be,  agreeable  to  the  Laws 
and  Statutes  of  this  our  Kingdom  of  Ef?gla?2d  -,  and  lb  as  the  fame  Or- 
dinances do  not  extend  to  the  binding,  charging,  or  taking  aw*uy  the 
Right  or  Interell  of  any  Perfon  or  PerfonSj  in  their  Freehold,  Goods, 
or  Chattels,  whatfoever. 

A  N  D  to  the  End  the  faid  Province  or  Territory  may  be  the  more 
happily  increafed,  by  the  Multitude  of  People  reforting  thither,  and 
may  likewife  be  the  more  flrongly  defended  from  the  Incurfions  of  Sa- 
vages, and  other  Enemies,  Pirates,  and  Robbers ;  therefore,  we,  for 
us,  our  Heirs  and  SuccelTors,  do  give  and  grant,  by  thefe  Prefents,  full 
Power,  Licence,  and  Liberty,  unto  all  the  Liege  People  of  us,  our 
Heirs  and  SuccelTors,  in  our  Kingdom  of  England^  and  ellewhere,  with- 
in any  other  our  Dominions,  Illands,  Colonies,  or  Plantations,  (except- 
ing thofe  who  Ihall  be  efpecialiy  forbidden)  to  tranfport  themfclves  and 
Families  into  the  £iid  Province  or  Territory,  with  convenient  Shipping 
and  fitting  Provifion ;  and  there  to  fettle  themfelves,  dwell,  and  inha- 
bit :  Any  Law,  Ad:,  Statute,  Ordinance,  or  other  Thingj  to  the  con- 
trary, notwithflanding. 

AND  We  will  alfo,  and  of  our  efpecial  Grace,  for  lis,  our  Heirs 
and  SuccefTors,  do  ftreightly  enjoin,  ordain,  conltitufe,  and  command, 
that  the  faid  Province  and  Territory  Ihall  be  of  our  Allegiance  j  and  that 
all  and  Angular  the  Subjects  cmd  Liege  People  of  us,  our  Heirs  and  Suc- 
ceffors,  tranfported,  or  to  be  tranfported  into  the  faid  Province,  and  the 
Children  of  them,  and  fuch  as  Ihall  defcend  from  them  there  born,  or 
hereafter  to  be  born,  be,  and  fliall  be  Dennizons  and  Lieges  of  us,  our 
Heirs  and  Succeflbrs,  of  this  our  Kingdom  of  England^  and  be,  in  all 
Things,  held,  treated,  and  reputed,  as  the  Liege  faithful  People  of  us, 
our  Heirs  and  SuccefTors,  born  within  this  our  faid  Kingdom,  or  any 
other  of  our  Dominions  ;  and  may  inherit  or  otherwifc  purchafe  and  re- 
ceive, take,  hold,  buy  and  polTefs,  any  Lands,  Tenements,  or  Heredi- 
taments, within  the  faid  Places,  and  them  may  occupy  and  enjoy,  fell, 
alien,  and  bequeath  j  as  likewife,  all  Liberties,  Franchifes,  and  Privile- 
ges, of  this  our  Kingdom,  and  of  other  our  Dominions  afbrefaid,  may 
freely  and  quietly  have,  polTefs,  and  enjoy,  as  our  Liege  People,  born 
within  the  fame,  v/ithout  the  Moleflation,  Vexation,  Trouble,  or 
Grievance^  of  us,  our  Heirs  and  SuccefTors  :  Any  A6t,  Statute,  Ordi- 
nance, or  Provifion,  to  the  contrary,  notwithflanding. 

.AND  farthefmoTe,  that  ouf  Subjedls  of  this  our  faid  Kingdom  of 
Ejigland^  and  other  our  Dominions,  may  be  the  rather  encouraged 
to  undertake  this  Expedition,  with  ready  and  chearful  Means ;  Know 
ye,  That  we,  of  our  efpecial  Grace,  certain  Knowledge,  and  mere  Mo- 
tion, do  give  and  grant,  by  Virtue  of  thefe  Prefents,  as  well  to  the  faid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  'John  Lord  Berkeley,  Anthony  Lord  AJlAey,  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs,  as  unto  all 
others  as  fhall,  from  Time  to  Time,  repair  unto  the  faid  Province  or 
Territory,  with  a  Purpofe  to  inhabit  there,  or  to  trade  with  the  Natives 

b  there- 


Vi  The   Prcpriefors   Seco?id  CHARTER. 


thereof;  full  Liberty  and  Licence,  to  lade  and  freight,  in  every  Port 
whatfoever,  of  us,  our  Heirs  and  Succellbrs,  and  into  the  faid  Province 
of  Carolina,  by  them,  their  Servants  and  AfTigns,  to  tranfport  all  and 
fingular  their  Goods,  Wares,  and  Merchandifes  ;  ?s  likev^ife,  all  Sorts 
of  Grain  whatfoever,  and  any  other  Thing  whatfoever,  neceffary  for 
their  Food  and  Cloathing,  not  prohibited  by  the  Laws  and  Statutes  of 
our  Kingdom  and  Dominigns,  to  be  carried  out^  of  the  fame,  without 
any  Let  or  Moieftation  of  us,  our  Heirs  and  Succellbrs,  or  of  any  other 
our  Officers  or  Minifters  whatfoever  ;  faving  alfo  unto  us,  our  Heirs  and 
Succeflbrs,  the  Cufhoms,  and  other  Duties  and  Payments,  due  for  the 
faid  Wares  arid  Merchandifes,  according  to  the  feveral  Rates  of  the 
Places  from  whence  the  fame  Ihall  be  tranfported. 

W  E  will  alfoj  and  by  thefe  Prefents,  for  us,  our  Heirs  and  Succef- 
fors,  do  give  and  grant  Licence,  by  this  our  Charter,  unto  the  faid  Ed^ 
ivard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  AJhley^  Sir  George  Carteret, 
Sir  'John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs  and  Affigns, 
and  to  all  the  Inhabitants  and  Dwellers  in  the  Province  or  Territory  a- 
forefaid,  both  prefent  and  to  come,  full  Power  and  abfolute  Authority, 
to  import  or  unlade,  by  themfelves  or  their  Servants,  Fadors,  or  Af- 
figns, all  Merchandifes  and  Goods  whatfoever  that  fhall  arife  of  the 
Fruits  and  Commodities  of  the  faid  Province  or  Territory,  either  by 
Land  or  Sea,  into  any  the  Ports  of  us,  our  Heirs  and  SucceiTors,  in  our 
Kingdom  of  England^  Scotland,  or  Ireland,  or  otherwifc  to  difpofe  of 
the  faid  Goods  in  the  faid  Ports ;  and,  if  Need  be,  within  One  Year 
next  after  the  unlading,  to  lade  the  faid  Merchandifes  and  Goods  again 
into  the  fame  or  other  Ships ;  and  to  export  the  fame  into  any  other 
Countries,  either  of  our  Dominions  or  Foreign,  being  in  Amity  with  u$,' 
our  Heirs  and  Succeffors,-  fo  as  they  pay  fuch  Cuftoms,  Subfidies,  and 
cither  Duties,  for  the  fame,  to  us,  our  Heirs  and  SucceiTors,  as  the  rci^ 
of  our  Subjects  of  this  our  Kingdom,  for  the  Time  being,  fhall  be  bound 
to  pay ;  beyond  which,,  we  will  not,  that  the  Inhabitants  of  the  faid 
Province  or  Territory,  fhall  be  any  ways  charged  :  Pro'vided  nevertbelefsy 
and  our  Will  and  Pleafure  is,  and  we  have  further,  for  the  Confidera- 
tions  aforefaid,  of  our  fpecial  Grace,  certain  Knowledge,  and  mere  Mo- 
tion, given  and  granted,  and  by  thefe  Prefents,  for  us,  our  Heirs  and 
SucceiTors,  do  give  and  grant  unto  the  laid  Edivard  Earl  of  Clarendon^ 
George  Duke  of  Albemarle,  William  Earl  of  Craven^  John  Lord  Berke- 
ley, Anthony  Lord  Afiley,  Sir  George  Carteret^  Sir  John  Colleton,  and  Sir 
William  Berkeley y  their  Heirs  and  Affigns,  full  and  free  Licence,  Power, 
and  Authority,  at  any  Time  or  Times,  from  and  after  the  Feaft  of  St. 
Michael  the  Archangel,  which  fhall  be  in  the  Year  of  our  Lord  Chrifl 
One  Thoufand  Six  Hundred  and  Sixty  Seven,  as  well  to  import  and: 
bring  into  any  of  our  Dominions,  from  the  faid  Province  of  Carolina, 
or  any  Part  thereof,  the  feveral  Goods  herein  after  mentioned  j  that  is 
to  fay.  Silks,  Wines,  Raifins,  Capers,  Wax,  Almonds,  Oil^  and  0« 
lives,  without  paying  or  anfwering  to  us,  our  Heirs  and  Succeflbrs,  any 
Cuflom,  Impofl,  or  other  Duty,  for  or  in  Refpedt  thereof,  for  and  du- 
ring the  Term  and  Space  of  Seven  Years,  to  commence  and  be  ac- 
counted^ 


The  Proprietors   Second  CHARTER.  vii 


counted  from  and  after  the  Importation  of  Four  Tons  of  any  of  the 
faid  Goods,  in  any  one  Bottomj  Ship,  or  VefTel,  from  the  faid  Province 
or  Territory^  into  any  of  our  Dominions ;  as  alfo,  to  export,  and  carry 
out  of  any  of  our  DominionSj  into  the  faid  Province  or  Territory,  Cuf- 
tom-free,  all  Sores  of  Tools  w^hich  fhall  be  ufeful  or  necelTary  for  the 
Planters  there,  in  the  Accommodation  and  Improvement  of  the  Premi- 
fes :  Any  Thing  before  in  thefe  Prefents  contained,  or  any  Law,  Acl, 
Statute,  Prohibition,  or  other  Matter  or  Thing,  heretofore  had,  made, 
cnaded,  or  provided,  in  any-Vvrifej  notwithftanding, 

AND  further  movt^  of  our  more  ample  and  efpetial  Grace,  cer- 
tain Knov^^ledge,  and  mere  Motion,  we  do,  for  us,  our  Heirs  and  Suc- 
ccffors,  grant  uiito  the  faid  Edivard  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ajhley,  Sir  George  Carteret,  Sir  Jokn  Colleton,  and  Sir  IVilliam  Berkeley^ 
their  Heirs  and  Affigns,  full  and  abfolute  Power  and  Authority,  to 
make,  eredlj  and  conftitute;  within  the  faid  Province  or  Territory,  and 
the  Ifles  and  Iflets  aforefaid,  fuch  and  fo  many  Sea-Ports,  Harbours, 
Creeks,  and  other  Places,  for  Difcharge  and  unlading  of  Goods  and 
Merchandifes,  out  of  Ships,  Boats,  and  other  Veffels,  and  for  lading 
of  them,  in  fuch  and  fo  many  Places,  with  fuch  Jurifdidlions,  Privi- 
leges, and  Franchifes,  unto  the  faid  Ports  belonging,  as  to  them  fhall 
feem  moft  expedient ;  and  that  all  and  fingular  the  Ships,  Boats,  and 
other  VeiTels,  which  fliall  come  for  Merchandifes  and  trade  into  the 
faid  Province  or  Territory,  or  fliall  depart  out  of  the  fame,  fhall  be 
laden  and  unladen  at  futh  Ports  only  as  fhall  be  erefted  and  conftituted 
by  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  AJhley,  Sir 
George  Qarteret,  Sir  john  Colleton,  and  Sir  William  Berkeley,  their  Heirs 
and  Affigns,  and  not  elfewhere :  Any  Ufcj  Cuflom,  or  Thing,  to  the 
Contrary,  notv^ithflanding. 

AND  we  do  further  will,  appoint,  and  ordain,  and  by  thefe  Pre- 
fents, for  usj  our  Heirs  and  Succeffors,  do  grant  unto  the  faid  Ed- 
-ward  Earl  of  Clarend-M,  George  Duke  of  Albemarle,  Willia?n  Earl  of  Cra- 
ven, John  Lord  Berkeley,  Anthony  Lord  Afiley,  Sir  George  Carteret^, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs  and  Affigns, 
that  they  the  faid  Edward  Earl  of  Clarendo?i,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  AJh- 
/9',  Sir  George  Carteret,  Sir  John  Colleton,  and  "Sir  William  Berkeley^ 
their  Heirs  and  Affigns,  may,  from  Time  to  Time,  for  ever,  have  and 
enjoy  the  Cuftoms  and  Subfidies,  in  the  Ports,  Harbours,  Creeks,  and 
other  Places  within  the  Province  aforefaid,  payable  for  the  Goods^ 
Wares,  and  Merchandifes  there  laded j  or  to  be  laded  or  unladed ;  the 
faid  Cuftoms  to  be  reafonably  affeffed,  upon  any  Occafion,  by  them- 
^Ives,  and  by  and  with  the  Confent  of  the  free  People,  or  the  greater 
Part  of  the:  11,  as  aforefaid  j  to  whom  we  give  Power,  by  thefe  Prefents, 
for  us,  our  Heirs  and  Succeffors,  upon  juft  Caufe,  and  in  due  Propor- 
iion^  to  affefs  and  impofe  the  fame. 

AN0 


Viii  Tie.  Proprietors   Second  C  H  A  R  T  E  R. 

AND  further, '  of  our  efpecial  Grace,  certain  Knowledge,  and  mere 
Motion,    We  have  given,    granted,    and  confirmed;  and  by  thefe  Pre- 
fents,  for  us,  our   Heirs  and  SuccelTors,  do  give,  grant,  and   confirm, 
i  unto  the   fiid  Edvjard  Earl  of  Clare?idon,  George  Duke  of  Albemarle^ 

!  7Vi  Hi  am  Edii  oi'  Craven,  John  Lord  Berkeley,    Antbcjiy 'Lord  Jfjley,  Sir 

;  George  Carteret,  Sir  John  Colleton,  and  Sir  V/illtam  Berkeley,  their  Heirs 

and  Affigns,    full  and  abfolute  Power,    Licence;    and  Authority,    that 
tiicy  the  laid  Edivard  Earl  of  Clarendon,    George  Duke  of  Albemarle^ 
I  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  AJhley,  Sir' 

tr  George  Carteret,  Sir  John  Colleton,  and  Sir  V/illiam  Berkeley,  their  Heirs 

ti  and  Afligns,  from  Time  to  Time  hereafter,  for  ever,  at  his  and  their 

1  Will  and  Plcafure,  may  affign,    alien,  grant,  demife,    or  enfeoff,  the 

y  Premifes,  or  any  Part  or  Parcel  thereof,  to  him  or  them  that  fhall  be 

i  willing  to  purchafe  the  fame,  and  to  fuch  Perfon  and  Perfons  as  they 

fliall  think  fit  j  to  have  and  to  hold  to  theih,  the  faid  Perfon  or  Perfons, 
i  their  Heirs  and  Affigns,  in  Fee-Simple,  or  in  Fee-Tail,  or  for  Term  of 

/  Life  or  Lives,  or  Years  ;  to  be  held  of  them  the  faid  Edward  Earl  of 

■  Clarendon,  George  Duke   of  Albemarle,    William  Earl   of  Craven,    John 

Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  William  Be/keley,  their  Heirs  and  AfTigns,  by  fuch  Renis, 
Services,  and  Cuftoms,  as  fliall  feem  fit  to  them  the  faid  Edicard  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Colle- 
■  ton,  and   Sir  William  Berkeley,  their  Heirs  t\A  Affigns,  and  not  of  us, 

our  Heirs  and  SuccelTors  :  And  to  the  fame  Perfon  and  Perfons,  and  to 
all  and  every  of  them,  we  do  give  and  grant,  by  thefe  Prcfcnts,  for  us, 
our  Heirs  and  Succelibrs,  Licence,  Authority,  and  Power,  that  fuch 
Perfon  or  Perfons  may  have  and  take  the  Premifes,  or  any  Part  thereof, 
of  the  laid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lard  Berkeley,  Anthony  Lofd  AJl^ley,  Sir 
George  Carteret,  Si'r  John  Colleton,  and  Sir  William  B}rkeley,  their  Heirs' 
and  Affigns ;  and  the  fime  to  hold  to  themfelvcs,  their  Heirs  and  Af- 
figns, in  what  Eftate  of  Inheritance  foever,  in  Fee-Simple,  or  Fee-Tail, 
or  other  wife,  as  to  them  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony Lord  Ap^ley,  Sir  ,  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  their  Heirs  or  Affigns,  fhall  feem  expedient  j  the  Statute 
in  the  Parliament  of  Edward,  Son  of  King  Henry,  heretoiore  King  of 
Englaiid,  our  PredecefiTor,  commonly  called  the  Statute  of  ^ia  emptores 
\terrar,  or  any  other  Statute,  Aft,  Ordinance,  Ufe,  Law,  Cuflom,  or 
-any  other  Matter,  Gaufe,  or  Thing,  heretofore  publiffied  or  provided 
to  the  contrary,  in  any-wife,  notwithflanding. 

A  N  i)  beCaufe  many  Perfons,  born  and  inhabiting  in  the  faid  Pro- 
vince, for  their  Deferts  and  Services,  may  expeft  and  be  capable  of 
Marks  of  Honour  and  Favour,  which,  in  Refpeft  of  the  great  Difi:ance, 
cannot  be  conveniently  conferred  by  us  j  our  Will  and  Pleafure  there- 
fore is,  and  we  do  by  thefe  Prefents,  give  and  grant  unto  the  faid  E^- 
w^r^  Earl  of  Clarefidon,  George  Duke  of  Albemarle,  William  Earl  of  Cr^- 
"i^en,  John  Lord    Berkeley,    Anthony  Lord  Apley,  Sir  George  Carteret, 


Tbe   Froprietors    Second  CHARTER. 


3ir  JcJm  CoI!ct077,  and  Sir  JViUiam  Berkeley^  and  their  Heirs  and  Affigns, 
full  Power  and  Authority,  to  give  and  confer  unto  and  iipon  fiich  of 
the  Inhabitants  of  the  laid  Pr.ovincc  or  Territory,  as  they  fhall  think 
do  or  fhall  merit  the  fame,  luch  Marks  of  Favour  and  Titles  of  Ho- 
nour, as  they  fliall  think  lit;  fo  as  their  Titles  or^Honours  be  not  the 
fame  as  are  enjoyed  by  or  conferred  upon  any  of  the  Subjeds  of  this 
our  Kingdom  oi  Rngland. 

AND  filrther  alio,  we  do,  by  thefc  Prefents,  for  us,  our  Heirs  and 
SuccelTors,    give   and  grant  Licence,  to  the  faid  Edward  Earl  of  Cla- 
re7idon^  George  Duke  of  Albemarle,  WilUajn  Earl  of  Craven,  yohn  Lord 
Berkeley,  Anthony  Lord  AJhlcy,  Sir  George  Carteret,  Sir    "John  Colleton, 
and  Sir  William  Berkeley,  and  their  Heirs  and  Affigns,  full  Power,  Li- 
berty, and  Licence,  to  eredt,  raife,  and  build,  within  the  faid  Province 
and  Places  aforeiliid,  or  any  Part  or  Parts  thereof,  fuch  and  fo  many 
Forts,  FortrelTes,  Caflles,  Cities,  Boroughs,  Towns,  Villages,  and  other 
Fortifications  whatfoever ;  and  the  fame,  or  any  of  them,  to  fortify  and 
furnifli  with  Ordinance,  Powder,    Shot,  Armour,  and  all   other  Wea- 
pons, Ammunition,  and  Habiliments  of  War,  both  defcnfive  and  of- 
fenfive,  as  fliall  be  thought  ft  and  convenient,  for  the  Safety  and  Welfare 
of  the  faid  Province  and  Places,  or  any  Part  thereof;  and  the  fame, 
or  any  of  them,  from  Time  to  Time,  as  Occafion  lliall  require,  to  dlf- 
mantle,  disfurnilh,  demollfli,  and  pull  down  :  And  alfo  to  place,  con- 
ftltute,  and  appoint,  in  or  over  all  or  any  of  the  faid  Caltles,  Forts, 
Fortifications,  Cities,  Towns,  and  Places  aforelaid.  Governors,  Deputy- 
Governors,  Maglilrates,  Sherlfs,  and  other  Officers,  Civil  and  Military, 
as  to  them  fhall  fcem  meet :  And  to  the  faid  Cities,  Boroughs,  Towns, 
Villages,  or  any  other  Place  or  Places,  within  the,  laid  Province  or  Ter- 
ritory, to  grant  Letters  6r  Charters  of  Incorporation,  with  all  Liberties, 
Franchifes,  and  Privileges,  requlfite  or  ufual^  or  to  or  within  this  our 
Kingdom  oi  England  granted  or  belonging  ;  and  In  the^fame  Cities,  Bo- 
roughs, Tov/ns,  and^ other  Places,  to  conflitute,  eredt 'and  appoint  fuch 
and  fo  many  Markets,  Marts,  and  Fairs,  as  fhall,  in  that  Behalf,  be 
thought  fit  and  necelTary  :  An#  fiirther  alfo,  to  ered  and  make  In  the 
Province  or  Territory  aforefaid,  or  any  Part  thereof,  fo  many  Manors, 
with  fuch  Signories  as  to  them  Ihall  feem  meet  and  convenient ;  and  In 
every  of  the  fame  Manors  to  have  and  to  hold  a  Court-Baron,  with  all 
Things  whatfoever  which  to  a  Court-Baron  do  belong  ;  and  to  have  and 
to  hold  Views  of  Frank-Pledge  and  Court-Leets,  for  the  Confervatlon 
of  the  Peace^and  better  GoVernrnent  of  thofe  Parts,  with   fuch  Limits, 
Jurlfdiaions*  and  Precinas,  .as  by  the  faid  Edward  Earl  of  Clarendon, 
George  Duke  oi  Albemarle*  William  Earl  of  Craven,   "John  Lord  Berkeley , 
A?ithony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  or  their  Heirs,  Ihall  be  appointed  for  that  Purpofe,  with 
all  Things  whatfoever  which  to  a  Court-Leet,    or  View  of   Frank- 
Pledge,  do  belong ;  the  fame  Courts  to  be  holden  by  Stewards,  to  be 
deputed  And  authorlfed  by  the  faid  Edward  Earl  of  Clare?idon,  George 
Duke  of  Albetnarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony .Lord  Ajliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  or  their  Heirs,  by  the  Lords  of  the  Manors  and  Leets^ 
for  the  Time  being,  when  the  fame  ihall  be  creded. 

c  AND 


The   Proprietors   Second  C  H  A  R  1'  E  R. 


f 


AND  becaufe  that  in  fo  remote  a  CountrVj  and  fituate  among  fo 
many  barbarous  Nations,  tlie  Invafions  of  Savages  and  other  Enemies, 
Pirates,  and  Robbers,  may  probably  be  feared  j  therefore,  we  have  given, 
and  for  us,  our  Heirs  and  SuccciTors,  do  give  Pov/er,  by  thefe  Prefents, 
unto  the  faid  Edward  Earl  of  Clarendofi^  George  Duke  of  Albcjnarlc^ 
William  Earl  of  Cj-a'ven,  yohn  Lord  Berkeley,  A?ithony  Lord  Ajhley,  Sir 
George  Carteret,  Sir  'John  Colleton,  and  Sir  Williajn  Berkeley,  their  Heirs 
or  Affigns,  by  themfelves,  or  their.  Captains,  or  other  Officers,  to  levy, 
mufter,  and  train  up  all  forts  of  Men,  of  v/hat  Condition  foever,  or 
wherefoever  born,  whether  in  the  faid  Province,  or  elfewhere,  for  the 
Time  being  j  and  to  make  War,  and  purfue  the  Enemies  aforefaid,  as 
well  by  Sea,  as  by  Land  ;  yea,  even  without  the  Limits  of  the  faid  Pro- 
vince, and,  by  God's  Affiftance,  to  vanquifli,  and  take  them  j  and  being 
taken,  to  put  them  to  Death,  by  the  Law  of  War,  and  to  fave  them  at 
their  Pleafure,  and  to  do  all  and  every  other  Thing,  which  to  the  Charge 
and  Office  of  a  Captain  General  of  an  Army,  hath  had  the  fame. 

Alfo,  our  Will  and  Pleafure  is,  and  by  this  our  Charter,  we  do 
give  and  grant  unto  the  faid  Edivard  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  WilUa?n  Earl  of  Craven,  John  Lord  Berkeley,  Anthojiy 
Lord  AJJjley,  Sir  George  Carteret,  Sir  yohn  Colleton,  and  Sir  JVillia?n 
Berkeley,  their-  Heirs  and  Affigns,  full  Power,  Liberty,  and  Authority, 
in  Cafe  of  Rebellion,  Tumult,  or  Sedition,  (if  any  fliould  l:iappen,. 
which  God  forbid)  either  upon  the  Land  within  the  Province  afore- 
laid,  or  upon  the  main  Sea,  in*  making  a  Voyage  thither,  or  returning 
from  thence,  by  him  and  themfelves,  their  Captains,  Deputies,  or  Of- 
ficers, to  be  authorized  under  his  or  their  Seals,  for  that  Purpofe  ;  to 
whom  alfo,  for  us,  our  Heirs  and  Succefibrs,  we  do  give  and  grant, 
by  thefe  Prefents,  full  Power  and  Authority,  to  exercife  Martial  Law 
againft  any  mutinpus  and  feditious  Perfons  of  thefe  Parts ;  fuch  as  fhall 
tefufe  to  fubmit  themfelves  to  their  Government,  or  fhall  refufe  to  ferve 
in  the  War,  or  fliall  fly  to  the  Encm)'  or  forfake  their  Colours  or 
Enfigns,  or  be  Loyterers,  or  Straglers,  or  otherwife  offending  againfl 
Law,  Cuftom,  or  Military  Difcipline  ;  as  freely  and  in  as  ample  Man- 
ner and  Form,  as  any  Captain-General  of  an  Army,  by  Virtue  of  his 
Office,  might  or  hath  accuftomed  to  ufe  the  fame. 


AND  our  further  Pleafure  is,  and  by  thefe  Prefents,.  for  us,  our 
Heirs  and  Succeffors,  we  do  grant  unto  the  faid  Edivard  Earl  of  Cla~ 
rendon,  George  Duke  of  Albe^narle,  William  Earl  of  Craven,  John  Lord 
Berkeley,'  Ajithony  Lord  Apley,  Sir  George  Carteret,  Sir  John  Colleton^ 
and  Sir  William  Berkeley,  their  Pleirs  and  Affigns,  and  to  the  Tenants 
and  Inhabitants  of  the  faid  Province  or  Territory,  both  prefent  and  to 
come,  and  to  every  of  them,'  that  the  faid  Province  or  Territory,  and 
the  Tenants  and  inhabitants  thereof,  Ihall  not,  from  henceforth,  be 
held  or  reputed  any  Member,  or  Part  of  any  Colony  whatfoevcr  in 
America,  or  elfewhere,  now  tranfported  or  made,  or  hereafter  to  be 
tranfported  or  made  ;  nor  fhall  be  depending  on,  or  fubjed:  to  their  Go- 
\yemment  in  any  Thing,  but  be  abfolutely  feparated  and  divided  from 

the 


The   Proprietors   Second  CHARTER.  xl 

the  fame;  and  our  Ple?fure  is,  by  thefe  Prefents,  that  they  be  feparated, 
and  that  they  be  fubje(5t  immediately  to  our  Crown  of  England,  as  de- 
pending thereof,  for  ever  :  And  that  the  Inhabitants  of  the  faid  Province 
or  Territory,  nor  any  of  them,  fhall,  at  any  .Time  hereafter,  be  com- 
pelled, or  compellablej  or  be  any  way  sfubjcd  or  liable  to  appear  or  an- 
fwer  to  any  Matter,  Suit,  Caufe  or  Plaint  whatfoever,  out  of  the  Pro- 
vince or  Territory  aforefaid,  in  any  other  of  our  Iflands,  Colonics,  or 
Dominions  in  Amcrkc,  or  elfewhere,  other  than  in  our  Realm  of 
England,  and  Dominion  of  Wales. 

AND  becaufe  it  may  happen  that*  fome  of  the  People  and  Inhabi- 
tants of  the  faid  Province,  cannot,  in  their  private  Opinions,  conform 
to  the  Public  Exercifs  of  Religion,  according  to  the  Liturgy,  Forms, 
and  Ceremonies  of  the  Church  of  England,  or  take  and  fubfcribe  the 
Oaths  and  Articles  made  ai'id  eflabliflied  in  that  Behalf  j  and  for  that  the 
fame,  by  Reafon  of  the  remote  Dillances  of  thofe  Places,  will,  as  we 
hope,  be  no  Breach  of  the  Unity  and  Conformity  eflabliflied  in  this  Nati- 
on ;  our  Will  and  Pleafure  therefore  is,  and  we  do,  by  thefe  Prefents,  for 
us,  our  Pleirs  and  Succeflbrs,  give  and  grant  iinto  the  faid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
"John  Lord  Berkeley,  Anthony  Lord  Afiley,  Sir  George  Carteret,  Sir  yohn 
Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  full  and  free 
Licence,  Liberty,  and  Authority,  by  fuch  Ways  and  Means  as  they 
fhall  think  iit,  to  give  and  grant  unto  fuch  Perfon  and  Perfons,  inha- 
biting and  being  within  the  faid  Province  or  Territory,  hereby,  or  by 
the  faid  recited  X^etters  Patents  mentioned  to  be  granted  as  aforefaid,  or 
any  Part  thereof,  fuch  Indulgences  and  Difpenfations,  in  that  Behalf, 
for  and  during  fuch  Time  and  Times,  and  with  fuch  Limitations  and 
Reftridlions,  as  they  the  faid  Edward 'Ezvl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
AJhley,  Sir  George  Carteret,  Sk'jfohn  Colleton,  and  Sir  William  Berkeley ^ 
their  Heirs  or  Aifigns,  ihall,  in  their  Difcretion,  think  fit  and  reafonable: 
And  that  no  Perfon  or  Perfons  unto  whom  fuch  Liberty  fhall  be  given, 
fliall  be  any  way  molefled,  puniflied,  difquieted,  or  called  in  Queftion, 
for  any  Differences  in  Opinion,  or  Practice  in  Pvlatters  of  religious 
Concernments,  who  do  not  actually  diflurb  the  Civil  Peace  of  the  Pro- 
vince, County  or  Colony,  that  they  lliall  make  their  Abode  in :  But 
all  and  every  fuch  Perfon  and  Perfons  may,  from  Time  to  Time,  and  at 
all  Times,  freely  and  quietly  have  and  enjoy  liis  and  their  Judgments 
and  Confciences,  in  Matters  of  Religion,  throughout  all  the  laid  Pro- 
vince or  Colony,  they  behaving  themfelves  peaceably,  and  not  ufing 
this  Liberty  to  Licentioufnefs,  nor  to  the  Civil  Injury,  or  outward  Di- 
flurbance  of  others :  Any  Law,  Statute,  or  Claufe,  contained  or  to  be 
contained,  Uiage  or  Cuftom  of  our  Realm  of  England,  to  the  contrray 
hereof,  in  any-wife,    notwithflanding. 

A  N  D  in  Cafe  it  fhall  happen,  that  any  Doubts  or  Queflions  flialt 
arife,    concerning  the  true   Senfe    and  Underflanding  of   any    Word, 
Claufe,  or  Sentence  contained,  in  this  our  prefent  Charter;  we  will, 
ordain,  and  command,  that  in  all  Times,  and  in  all  Things,  fuch  In- 
terpret 


xii  The  Froprieton   Second  C  H  A  R  T  E  R. 


terpretations  be  made  thereof,  and  allowed  in  all  and  every  of  our  Courts 
ivhatfoever,  as  lawfully  may  be  adjudged  moft  advantageous  and  favour- 
able to  the  faid  Edward  Earl  of  C/arendon,  Gecrge  Duke  of  Albemarle^ 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Apley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
Heirs  and  Affigns,  although  exprefs  Mention,  ^c. 

WITNESS  Ourfelf,  at  Wejlminfier,   the  Thirtieth  Day  of  June, 
in  the  Seventeenth  Year  of  Our  Reign. 

Rer  ipfum  Regem, 


GREAT  DEED  of  GRANT. 

GEORGE  Duke  oi  Albemarle,  Mafter  of  his  Majefly's  Horfe  ;  Ed'- 
ward  Earl  of  Clarendon  j  William  Earl  of  Craven  j  'John  Lord  Ber^ 
keley  3  Anthony  Lord  AJIJey,  Chancellor  of  the  Exchequer ;  Sir 
George  Carteret ^  Vice-Chamberlain  of  his  Majefty's  Houfhold  j  Sir 
William  Berkeley,  Knight  j  and  Sir  'John  Colleton^  Baronet  j  the  tru« 
and  atffolute  Lords  Proprietors  of  all  the  Province  of  Carolina. 

Yo  our  trufty  and  well-beloved  S  AMU  EL  STEP  HElSfS,  Efqj 
Governor  of  our  County  of  Albemarle^  and  the  liles  and  lilets  within 
Ten  Leagues  thereof)  and  to  our  trufty  and  well-beiovedCounciU 
lors  and  Affiftants  to  our  faid  Governor.     Greetings 

WH  E  R  E  A  S  we  have  received  a  Petition  from  the  Grand 
AfTembly  of  our  County  o£  Albemarle,  praying,  That  the 
Inhabitants  of  the  faid  County  liiay  hold  their  Lands  upon 
the  fame  Terms  and  Conditions  that  the  Inhabitants  of* 
Plrginia  hold  theirs  j  and  forafmuch  as  the  faid  County  doth  border 
upon  Virginia,  and  is  much  of  the  fame  Nature,  We  are  content,  and 
do  grautj  that  the  Inhabitants  of  the  faid  County  do  hold  their  Lands 
of  us,  the  Lords  Pfoprietors^  upon  the  fame  Terms  and  Conditions  that 
the  Inhabitants  of  Virginia  hold  theirs :  WHEREFORE,  be  it 
known  unto  all  Meni  by  thefe  Prefents,  That  wcj  the  faid  Lords  and 
abfolute  Proprietors  of  the  County  within  the  Province  aforefaid,  have 
given,  grantedj  and  by  thcfc  Prefents,  do  give  and  grant,  full  Power 
iand  Authority  unto  ^ou,  the  faid  Governor,  by  and  with  the  Confent  of 
our  Council,  or  the  major  Part  thereof^  or  to  any  Governor  for  the 
Time  being,  or  that  fhall  hereafter  be  by  us  appointed,  full  Power  and 
Authority^  by  and  with  the  Confent  of  our  Council  then  being,  or  the 
tnajor  Part  thereof,  to  convey  and  grant  fuch  Proportions  of  Land,  as, 
by  our  Inftrud:ions  and  Conccflions,  annexed  to  our  Commiflionj  bear- 
ing Date  in  OBober,  Anno  Dom.  ttby^  we  have  appointed,  to  fuch 
Perfons  as  fhiall  come  into  our  faid  County  to  plant  or  inhabit  3  to  be 
held  of  us 4  dur  Heirs  and  AflignSj  upon  the  fame  Terms  and  Condi- 
tionSj  that  Land  is  at  prcfent  ufually  Granted  in  Virginia  3  any  thing  in 
our  Inflructions  and  Concefhons  aforefaid  to  the  contrary,  notwithftand- 
ing  :  And  we  do  hereby  Declare  and  Confent,  that  the  Warrant  to  the 
Surveyor  for  the  laying  out  of  faid  Land^  and  the  Return  thereon,  be- 
ing Regiftred,  and  alfo  the  Grant  of  you  our  faid  Governor  and  Coun* 
di,  that  Ihall  be  where  fuch  Land  is  due  having  the  Seal  of  the  Country 
affix'd  to  it,  and  figned  by  your  felf,  and  major  Part  of  our  Council^ 
for  the  Time  being,  being  Regiftred,  fhall  be  good  and  effed:ual  in 
LaWj  for  the  Enjoyment  of  the  faid  Land  or  Plantation,  and  all  the 
Benefits  and  Profits  of,  and  in  the  fame,  (except  one  half  of  all  Gold 
and  Silver  Mines)  to  the  Party  to  whom  it  is  granted,  his  Heirs  and 
Affigns,  forever,  he  or  they  performing  the  Conditions  aforefaid. 

GIVEN  under  our  Hands ^  and  Gnat  Seal  of  our  Province,  the 
frji  of  May,  A/mo  Dom.    1668. 

Albemarle,        Craverti 
Berkeley,  AJloleyy 

Carteret^  dlletoH^ 


/ 


l../-^>-l^^'> 


LA   IV  S    of    North-Carolina. 


A    D.    1715. 


i  ^  K  ^(A^i  ^uiS  Wl  ^  ^ 


akl  '^  »ki.  iif^  ^i.  ^'l  ^i^  4s)^  ^(i\L^i/2)^  ^kt  ^'^  aa<^^  9M.  4i)<^  ^^-^^ 

ANNO   REGNI 

G  E  O  R  G  I  I    I 


Regis  Magnae,  Britanniae,  Franciae^  &;  Hi- 
herniae,  Secundi.  ^   -' 


At  a  General  Biennial  ASSEMBLY,  held  at  the  Houfe  ^"^^.'e^ 
of  Capt.  Richard  SaackrJoN,  at  Ltttk  River,  begun  the  °'''"""'' 
I'/th  Day  oi  November,  17  15,  and  continued,  by  leveral 
Adjournments,  until  the  19th  Day  of  J<wumj,    1715. 


C  H  A  P.    I. 

An  Adf,  concerning  Marriages.     OBSOLETE. 

C  H  A  P.    II. 

An  ASfy  concerning  Transferring  Rights.     O  B  S. 


CHAP.     III. 

An  A5fy  concerning  Defraying  the  Charges  of  the  Governor  and  CounciL 

OBS. 


C  H  A  P.     IV, 

An  ASly  Prohibiting  Strangers  Trading  with  the  Indians.    O  B  S» 


A 


W    H   iV  ha 


L  A  IV  S     of    North-Carolina. 


ji.  D.    1715. 


CHAP.    V. 

Jin  ABy  for  the  fpeedy  Settlement  of  Lands.     O  B  S. 


CHAP.     VI. 

An  A6tf  Exempting  New-Comers  from  paying  Levies  for  One  Tear. 

OBS. 


CHAP.    VII. 

^fu^'i^^i'^'  -^^  -^^■>  fi^  ^^■'^  better  ohferving  the  Lord's  Day  called  Sunday,  the  ^oth 
0/ January,  the  29/^  0/ May,  and  the  22d  oj  September;  and  alfo  for 
the  SuppreJJing  Prophanenefs^  Immorality ^  and  divers  other  vicious  and 
enormous  Sins, 


CHAP.    VIII. 

Rep.  by  Art,  A-        jf^  j^^ ^  for  EJlabUJhing  the  Churchy  and  appointing  feleB  Vefiries. 

C  H  A  P.    IX. 

The  SubftjDce  of  ^n  AB^  for  Liberty  of  Co?fcience,  and  that  the  Solemn  Afirmation  of  the 
for'b^  o,rf  vS       People  called  fakers  JJ^all  be  accepted,  infiead  of  an  Oath  in  the  ufual 

Statutes  of  En.         Vnrm 

gland,    mnrte   in  rUI  m. 

Force    in     this 

Prnvince  by  Aft,     _____^.^____^_^__________^_^______________^______^_^._____^_^^_______.„  ._______,_» 

oa.  i6,  1749. 


CHAP.    X. 

Rep.  by  Vs  Ma.  An  A5l ,  relating  to  the  Biennial^    and  other  Affemblies^    and  regulating 
3e  y  I  r  er.  EleSlions  and  Me?nbers. 


CHAP.     XI. 

Coroners  appointed. 


I.  TJ  E  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
X3  al^folute  Lords  Proprietors  of  Carolina,   by  and  with  the  Advice  and  Con' 

fent  of  this  prefent  General  AJfembly,  now  met  at  Little  River,  for  the  North  Eaft 
Snt""  c  !on?r'.  P^rt  of  the  faid  Province,  and  it  is  hereby  Enacted,  That  there  fliall  be  one  able 
dna'T"  ^""  ^"^  fubftantial  Freeholder  appointed,  to  be  Coroner  in  every  Precind  which  now 
'riiiiion,  ^  *^'""'  is,  or  hereafter  fhall  be  laid  out  within  this  Government  •,  which  Officer  the  Go- 


vernor 


L  A  IV  S    of    North-Carolina. 


vernor  or  Commander  in  Chief  tor  the  Time  being  is  hereby  defired,  authorifed, 
and  impowered,  by  Commiffion,  under  his  Hand  and  Seal,  to  commiffionate 
and  appoint ;  who  Ihall,  by  Virtue  of  this  Ad,  and  fuch  Commifllon  granted 
thereupon,  be  fully  invefted  with  all  fuch  Powers  and  Authorities  as  to  the  Office 
of  a  Coroner,  by  the  Laws  and  Cuftoms  of  the  Kingdom  of  Great-Britain^  doth 
of  Right  belong  or  appertain. 

II.  AND  be  it  further  Enable d,  by  the  Authority  aforefaid^  That  every  Core-  corontr-s  Fee 
ner  fo  appointed,  may,  and  he  is  hereby  impowered,  to  take  and  receive,  for  *^'-  *'^- 
every  Inqueft  by  him  made  and  taken,  and  returned  into  the  Secretary's  Office, 

(which  he  is  hereby  required,  direfted,  and  commanded,  within  Three  Months, 
after  the  Date,  to  do,)  the  Sum  of  Sixteen  Shillings  and  Eight  Pence,  for  his 
own  Fee. 

III.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  each  Jury-  Each  jurymaa 
man  Ihall  be  paid  the  Sum  of  Twelve  Pence  fer  Diem,  and  the  Conftable  who  cinftfbL^iTi 
fummoneth  the  Jury,  the  Sum  of  One  Shilling  for  every  Juryman ;  the  Whole  for  each  jaryl 
to  be  levied,  by  a  Warrant  from  the  Coroner,  upon  the  Eftate  of  the  Party  on  "^^^.u^  '^*'"" 
whofe  Body  any  Inqueft  fhall  be  taken,  if  any  fuch  can  be  found :  Otherwife  fuch 

Charges  to  be  paid  out  of  die  Public  Treafury. 


CHAP.     XII. 

An  ASIy  for  ^alifcation  of  Public  Officers.     O  B  S. 


CHAP.     XIII, 

An  A5ly  to  appoint  Conjlables,  Rep.  by  Aa,  a. 


CHAP.    XIV. 

An  AB,  relating  fo  the  Jujlices  of  the  Court  of  Tie  as  ^  and  to  prevent  the  Rep.  by  as, 
Commijjjoners  and  other  inferior  Officers  of  the  faid  Court ^  pleading  as  ^"'  ^'  '^'^^° 
Attornies, 


CHAP.    XV. 

An  AB,  afcertaining  the  Time  and  Method  for  the  Executing  and  Return  Rep.  by  as, 
of  Original  IVrits ',  and  for  the  better  regulating  divers  Proceedings  in  ^"'^*  *^*** 
the  Court  of  Pleas, 


CHAE 


L  A   H^  S     o/'    North-Carolina. 


^    D.    1715. 


CHAP.    XVI. 

jin  A5iy  to  direB  the  Method  to  he  obferwd,  in  the  Examination  and  Corn- 

viitmcnt  of  Criminals. 


'B 


E  h  EnoEled^  hy  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
_       and  o.bjcliite  herds  Proprietors  of  Carolina,  by  and  wUh  the  Advice  and 

Conjivt  of  this  prefent  General  /jjfcmbly,  new  met  at  Little  River,  for  the  North- 
1^0  Perfon  ftiii  ^^^^  Part  of  the  Jaid  Province^  and  it  is  hereby  EnaSicd^  That  from  hencefor- 
K  c,  mir  tird,  ward,  no  Pcrfon  within  this  Jt"rovince  fhall  be  committed  to  i'rifon  fqr  any  Cri- 
wt  ,ait  xami.  fj^ij^^i  ]y|ytj.(^j.,  until  Exainination  thereof  be  firft  had  before  fome  Magiftrate ; 
'^ '^ '^TL.f If  ^^^"^^"^  Magiftrate  fhall  admit  the  Party  to  Bail,  if  bailable,  and  fhall  record  the 
b-Jab!.'.  ' ' '  Examination  ot  the  Party,  and  alfo  the  full  Matter  given  in  Evidence,  both  a- 
shaii  Record  th^  gainft  him  and  for  him,  with  all  concurring  Circumftances  j  and  (hall  take  Re- 
thr  Matter  g'vcn  cognlzance,  with  good  and  fufficient  Securities,  to  our  Sovereing  Lord  the  King, 
*"i^t  "^Tnd'  f!.r  ^^^  ^^^  Intormer  to  appear  and  profecute,  as  the  Laws  of  the  Kingdom  of  Creat- 
h  ni. '  Britain  and  this  Province  do  dircd:  \  and  likewife  for  all  Evidences  for  the  King 

r^n'zlnci^  ^r  ^o  appear,  and  give  Evidence  againft  the  Criminal,  at  the  next  Court,  where  the 
pr'^fout  ,  nd  Matter  is  cognizable,  enfuing  fuch  Examination  :  Which  Examination  and  Re- 
And^fhilwaun  cognizanccs  fo  taken,  fhall  be  returned  to  the  Office  of  the  Court  wherein  the 
aii  !.■  the  next  Matt  T  Is  to  bc  tried,  under  the  ir'enalty  of  Five  Pounds  for  every  Negkdl  j 
Mautr'^is  "to'be  Cne  Half  to  the  Lords  Proprietors,  and  the  other  Half  to  him  or  them  that  fhall 
tn.ii,  undrrPe-  fy^.  fpj.  j-j-jg  fame  I  To  be  recovered,  in  any  Court  within  this  Government,  by 
sYc'ry Ncgkft,  '  Adtion  of  Debt,  Bill,  Plaint,  or  Information;   wher.in  no  Efibin,  Protedtion, 

Injundion,.  or  Wager  of  Law,  Ihall  be  allowed  or  admitted  of. 


Rep.     by    Aft, 
Dti.    5,     1746, 


CHAP.    XVII. 

An  AB^  concerning  Evidences. 


CHAP.    XVIII. 


J-p-  ^y  ^Aa.  ^fj  ^^^  j-Qf.  fhe  Relief  of  fuch  Creditors  whofe  Debtors  having  Lands  in 
Chap  2.'  '^'^ '      this  Government y    depart ,    without  lcavi?ig  Ferfonal  EJlate  fufficient  to 
pay  their  Debts. 


CHAP.    XIX. 

An  AB,  concerning  Efcapes  of  Perfons  under  Execution.     O  B  S. 


CHAPo 


A    u     .71  J. 


L  A   IV  S    of    North-Carolina. 
CHAP.     XX. 

An  ABy  to  direB^  the  Difpofal  of  Goods  taken  upon  Execution  ;  and  for 
the  better  Regulation  of  Difrcjj'es  hereafter  to  be  made^  for  Levies  and 
^dt-Rents. 

I.  13  E  it  Enacted,  by  his  Excellency  the  Palatin,  and  the  reji  of  the  true  and  oh- 
_|3  foliite  herds  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
cf  thu  prefent  General  /iff embly,  now  met  at  Little  River,  for  the  North  Eaft  Part 

cf  the  faid  Province,  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,  That  where  Gncdsars 

in  all  Cafes  whatfoever,  where  any  Goods  or  Chattels  fhall  be  taken  upon  Exccu-  "'^■"  ''^rf^7" 

tion,  granted,  or  hereafter  to  be  granted  out  of  any  Court,  or  by  Ciftrefs  for  th"v(h,.;i,e'M'a 

Taxes  and  Quit-Rents,  the  fame  fliall  remain  in  Cuftody  of  the  Frovoft  Marflial,  \f'^^^l ff"^^ 
or  his  Deputy,  Conftable,  or  fuch  other  Perfon  levying  or  making  Execution  or  ^'  f  rcud  im'd, 

Diftrefs,  tor  and  during  the  Space  of  Ten  Days  •,  at  the  Determination  of  which  ^^^Jt\,  ''Vreel 

Time,  (if  they  are  not  before  redeemed  by  the  Perfon  from  whom  they  Wv.re  hoid..rs,  2  to  be 

taken,)  they  Ihall  be  appraifed  by  four  fubftantial  Freeholders  of  the  County,  p^^t'']  ^''  "'*" 
two  to  be  chofen  by  the  Party  from  whom  they  were  taken,  and  the  other  two 

by  the  Party  that  is  to  be  poflefTed  of  the  fame  ;  and  in  Cafe  it  happens  that  both,  ifanyP.ny  u\\ 

or  either  Party  or  Parties,  fliall  not  make  fuch  Choice  as  arorefaid,  then  the  faid  '>'"i'^„Apprai- 
Marilial,.  or  his  Deputy,  Conftable,  or  other  Perfon,    levying  or  making  fuch  m'/k.:  cho/crfor 

Execution  or  Diftrefs,  fliall  make  Choice,  in  Behalf  of  him,  her,  or  them,  who  *""' 

fhall  fo  negled  to  make  Choice ;  and  if  the  Appraifers  fo  nominated  and  ap-  if  Appraifers 

pointed,  (being  firft  fworn  before  fome  Magiftrate,)  cannot  agree  in  their  Ap-  ""'t  agi«,they 

praifement,  then  the  faid  Appraifers,  or  any  Three  of  them,  fhall,  and  they  are  Umpire,""  who" 

hereby  im,powered  and  required,  to  choofe  an  Umpire,  who  (being  alfo  fworn  as  j!;"^ '^^'"''"'I'''^' 

aforefaid,)  fliall  determine  the  Matter ;  and  the  Property  of  fuch  Goods  fo  ap-  Mt-r. 

praifed  fliall  forthwith  be  in  and  to  the  Party  for  whom  they  were  taken,  he  or  '^^^^ c^i^'^Vlx 

they  returning  the  Overplus  (if  any  be)  to  the  Perfon  whofe  Goods  or  Effects  b<=  in  tin-  Psny 

fhall  be  fo  taken  in  Execution,  or  diftrained  upon  and  appraifed,  after  the  orio-i-  tere'^nk'Tn  '""re^ 

nal  Debt,  with  all  accruing  Cofts,  are  fitisfled  and  paid  out  of  the  fame.  turning  Ovt'rpiu* 

if  any. 

II.  P  RO  VI  I)  E  D  always.  That  in  all  Cafes  where  the  Sum  taken  by  Execu-  if  the  Sum  do 

tion  or  Diftrefs,    fliall  not  exceed  Fifty  Shillings,  there  fliall  be  onlv  Two  Ad-  T  ""^'^  ^°'- 

■r  u  ii         1  J  1  •  ir^-,  ■'  ^'^  -^-^j^  then    tnly    two 

■prailers,  to  be  equally  elected  and  nominated,  as  aforefaid.  Appraifeis. 

in.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  Provoft-  Execution  to  be 

Marflial,  or  his  Deputy,  after  Execution  levied,  fliall  make  Return  of  the  Exe-  rnd^lSe^eS! 
cution  to  the  Court  that  granted  it,  tliere  to  be  entered  upon  Record  ;  that  fo 
the  Satisfaction,  as  well  as  the  Judgment,  may  be  apparently  proved,  if  Need 
require. 


CHAP.     XXI. 


An  AB,  cojicerning  Attornies  from  Foreign  Parts,  and  for  giving  Priority  Rep.  by  his  Ma. 

to  Country  Debts.  j<^fty''  order,  in 

Council. 


CHAP. 


L  A  W  S     of    North-Carolina. 


^.  D.    17 1 5. 


Rep.  by  Am, 
Dec.  5,   1746. 
all  but  thegih  & 
loth  Scdlioiis  ; 
which  are  as  fol- 
law. 


CHAP.     XXII. 

A»  ABy  coyicerning  Appeals ^  and  Writs  of  Error. 

IX.  T)  £  it  Enacted^  hv  his  Excellency  the  Palatine,  and  the  reft  of  the  true 
JL)  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and 
'Confent  of  this  prefent  General  Affemhly^  new  met  at  Little  River,  for  the  North- 
Eait  Part  of  the  faid  Province^  and  by  the  Authority  of  the  fame,  it  is  hereby  En- 
acted^ That  in  Cafe  any  Suit  or  Matter  fhould  arife  in  the  Court  of  Chancery, 
where  the  Governor  or  Commander  in  Chief  of  this  Government  for  the  Time 
being,  may  be  a  Party,  or  intereftcd  therein,  it  fliall  and  may  be  lawful  for  any 
Four  of  the  Members  of  the  Court  to  fit  and  aft  therein,  as  tho'  the  faid  Gover- 
nor or  Commander  were  prefent,  and  not  any  ways  interefted,  or  a  Party  therein. 

X.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  from  and 
after  the  Ratification  of  this  A6t,  every  Member  of  the  Council,  or  Lords  Pro- 
prietors Deputy,  Ihall,  upon  his  entering  into  that  Office,  and  before  he  prefumes 
to  give  his  Opinion  or  Determination  in  any  Caufe  that  fliall  come  before  him, 
take  an  Oath,  That  he  will  do  Right  to  all  Manner  of  Perfons,  according  to  the 
beft  of  his  Judgment  and  Underftanding  of  the  Laws  and  Ufages  of  the  King- 
dom of  Great-Britain,  under  the  Penalty  and  Forfeiture  of  One  Hundred  Pounds 
for  every  Month  he  ihali  negled  or  refiife  to  take  the  fame  •,  One  Half  to  the 
Lords  Proprietors,  the  other  to  him  or  them  that  fliall  fue  for  the  fame  :  To  be 
recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Re- 
cord within  the  Government ;  wherein  no  EflToin,  Injundion,  troteftion,  or  "Wa- 
ger of  Law  fliall  be  allowed  or  admitted  of. 


Rtp.   byAa, 
Marib  6,   1738, 
Chap.  6. 


CHAP.    xxin. 

An  ASl,  to  prevent  the  Inhabitants  of  Bath  County  bringing  ABions  in  the 
General  Court  againjl  one  another,  for  lefs  than  'Ten  Pounds. 


Rep.  by  Aa,  A- 
fril^,    1741. 
Chap.  15. 


CHAP.     XXIV. 

An  ABy  for  the  Tryal  offmall  and  mean  Caufes. 


Rep.  by  Aft,  A. 

pril/^,  1740. 

Chap.  iz. 


CHAP.    XXV. 

An  ABy  for  the  better  Regulation  of  the  Militia  of  this  Government. 


The  fubjeft  Mat- 
ter of  this  Aifl 
regulated  by  the 
King's  Inftrufti- 
ons  and  Orders  of 
Government 
liere,  therefore 
ObfoJtte, 


CHAP.     XXVI. 

The  Form  of  a  Patent. 


CHAR 


LA   W  S    of    North-Carolina. 


A.  D.    1715. 


CHAP.     XXVII. 


An  A5l,  concerning  old  Titles  of  Lands;  and  for  Limitation  of  ASlions^ 
and  for  avoiding  Suits  in  Law. 

I.TTT'HEREAS  great  Suit,  Debate,    and  Controverfy  hath  heretofore  Preamble. 

W  been,  and  may  hereafter  arife,  by  Means  of  ancient  Titles  to  Land  de- 
rived trom  Patents  granted  by  the  Governor  of  Virginia^  the  Condition  of  which 
Patents  have  not  been  performed,  nor  Qiiit-Rents  paid,  or  the  Lands  have  been 
deferted  by  the  firft  Patentees,  or  for,  or  by  Reafon,  or  Means  of  former  Entries 
or  Patents  granted  in  this  Government  -,  for  Prevention  whereof,  and  for  quieting 
Mens  Eftates,  and  for  avoiding  Suits  in  Law, 

II.  Be  H  Ena5ied^  by  his  Excellency  the  Palatine,  and  the  rejl  of  the  true  and  ^l^^f^^'^l^^^^ 
ahfolute  Lords  Proprietors  of  Carolina,  by  mid  with  the  Advice  and  Confent  of  derived  fromCre- 
this  prefent  General  Jffembly,    now  met  at  Little  River,    for  the  North-Eaft  Part  ''''°"'  ^"'T'- 

r      ;         /"   •  J    r>  •  ;  ""•       •      ;         7       T-'  i   i         1  tcrs,    or  Admi- 

oj  the  J  aid  Province,  and  it  is  hereby  tna^ed  by  the  Authority  of  the  fame.  That  niftr:>tors,  or  by- 
all  Poffeffions  of,  or  Titles  to  any  Lands,  Tenements,  or  Hereditaments  what-  ""fit^nlof 
foever,  derived  from  any  Sales  made  either  by  Creditors,  Executors  or  Admi-  Patent,  ■  f  which 
niftrators  of  any  Perfon  deceafed,  or  by  Hufbands  and  their  Wives,  or  Hufbands  cont^nu^k.Vcf! 
in  Right  of  their  Wives,  or  by  Indorfement  of  Patents,  or  otherwife,  of  which  ^'^l^'^"  7  Years, 
the  Purchafer  or  Poffeffor,  or  any  claiming  under  them,  have  continued,  or  fhall  rl'S^and'de! 
continue  in  PoflefTion  of  the  fame  for  the  Space  of  Seven  Years  without  any  Suit  '^'^''''  g'"""'  " 
in  Law,  be,  and  are  hereby  ratified,  confirmed,  and  declared  good  and  legal,  to  gainftaiiPerfons^ 
all  Intents  and  Purpofes  whatfoever,  againft  all  and  all  Manner  of  Perfons  :  Any  ^'=' 
former  or  other  Title,  or  Claim,  Aft,  Law,  Ufage,  or  Statute,  to  the  contrary, 
in  any-wife,  notwithftanding. 

III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  no  Perfon  Perfons  hereafter 
or  Perfons,  nor  their  Heirs,  which  hereafter  (hall  have  any  Right  or  Title  to  any  Si  mak^cSm 
Lands,  Tenements,  or  Hereditaments,  fhall  thereunto  enter  or  make  Claim,  but  within  7  Years, 
within  Seven  Years  next  after  his,  her,  or  their  Right  or  Title  which  defcend  or  c!ued  f  if  be  ut- 
accrue  ;  and  in  Default  thereof,  fuch  Perfon  or  Perfons  fo  not  entering  or  making  '"'y  excluded. 
Default,  fhall  be  utterly  excluded  and  difabled  from  any  Entry  or  Claim  there- 
after to  be  made. 

IV.  P ROV IDED  neverthelcfs.  That  if  any  Perfon  or  Perfons  that  is,  or  ^'?'f  m"'' co 
hereafter  fhall  be,  intitled  to  any  Right  or  Claim  of  Lands,  Tenements,  or  He-  yfn,  &T  mVy 
reditaments,  fhall  be,   at  the  Time  the  faid  Right  or  Title  firft  defcended,  ac-  •'""s  suit  within 

1  rit-i.i.  _.-„'^  3   Years    after 

crued,  come,    or  fallen,  within  the  Age  of  Twenty  One  Years,  Feme  Covert,  they  come  to 
Non  compos  mentis,  imprifoned,  or  beyond  Seas,  that  then  fuch  Perfon  or  Per-  ^^''  ^'• 
fons  fhall  and  may,  notwithftanding  the  faid  Seven  Years  be  expired,  commence 
his,  her,  or  their  Suit,  or  make  his,    her,    or  their  Entry,    as  he,    fhe,    or  they 
might  have  dons  before  this  Aft,  fo  as  fuch  Perfon  or  Perfons  fhall,  within  Three  p^^^^^^  ^^^^.^^^ 
Years  next  after  full  Age,  Difcoverture,  coming  of  found  Mind,  Enlargement  Seas,    w.ihm  8 
out  of  Prifon,    or  Perfons  beyond  Seas,    within  Eight  Years  after  the  Title  or  I,T  pWeir.ons 
Claim  becomes  due,  take  Benefit  and  fue  for  the  fame,  and  at  no  Time  after  the  h.-u  without  Suit 
Times  or  Limitations  herein  fpecified  -,  but  that  all  PofTelTions  held  without  fuing  tra'^t'l'tUlf 
luch  Llaim  as  aforefaid,  fhall  be  a  perpetual  Bar  againft  all  and  all  manner  of  Bar  j  left  much 
Perfons  whatfoever,  that  the  Expectation  of  Heirs  may  not,  in  a  fhort  Time,  fc;;id,'''3nrno" 
leave  much  Land  unpolTefTed,  and  Titles  fb  perplexed,  that  no  Man  will  know  ^an  'know,  of 
of  whom  to  take  or  buy  Land.  ^^""^ '"  '^"^• 

V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.   That  all  Aftions  ^'' ^^'""^  °'' 
of  Trefpafs,  Detinue,  Aaions  fur  Trover,    and  Replevin,  for  taking  away  of  upTAccfn^'ptf 

Goods 


L  A   IV  S     of    North-Carolina. 


Jt  Judgment   re  r  x.    ^    j.».  >^  »•    j.  ^^  j^  j-^   <»i-  i.i-<  . 

for  the  psaintiff,  anv  tlic  faid  Adlons  or  Suits,  Judgment  be  given  for  the  Plaintiff,  and  the  fame 

and  It  berevers'd  ,     •'  r    i   t        t^  tt- 

orarrcfted,  or  DC  rcvcrfed  Dy  brror,  or  a  \'e 


^  i"-  'V'S-  Goods  and  Chattels;  all  Actions  of  Accompt,  and  upon  the  Cafe;  all  A6lions 
2^;^;7^^|7c^^,  of  i^^bt  for  Arrearages  of  Rent;  and  all  A6lions  of  Alfault,  Menace,  B.tttcry,° 
&c.  fluii  be  fu.d  Wounding,  and  Imprifonment,  or  any  of  them,  which  fliall  be  fued  or  brought 
lath's  Aft  I^-  at  any  Time  after  the  Ratification  of  this  Ad,  Ihall  be  commenced  or  brought 
ted.  &  not  after,  vvithin  the  Time  and  Limitation  in  this  Act  exprefled,  and  not  after:  That  is  to 
compT  Cafe/"  f<iy ;  Aftions  of  Accompt  Render,  Actions  upon  the  Cafe,  Adions  of  Debt  tor 
"^^^  %'Ktn"'  -^irearages  of  Rent,  A6tions  of  Detinue,  Replevin,  and  Trtfpafs  ^lare  Claufum 
Detinue,  Rep'ie.  frcgit^  withiu  Three  Years  next  after  the  Ratification  of  this  Aft,  or  within  Three 
yen,  Ti cfpafs  Ygars  next  after  the  Caufe  ot  fuch  Adlion  or  Suit,  and  not  after,  except  fuch  Ac- 
fre^ii,  with;n  3  compts  35  conccm  the  1  rade  or  Merchandile  between  Merchant  and  Merchant, 
years ;  except     ^^^  j.j^^jj.  p^fj^ors  Or  Scrvants ;  and  the  faid  A6tions  of  Trcfpafs,  Aflault  and  Bat- 

Acconnpt    bet-  ^  _.  _  ,      ,  i  ^ 

ween  Merchants,  tcry,  Wounding,  Imprifonment,  or  any  ot  them,  within  One  Year  next  after 
AiLit  Indell'.  ^^he  Ratification  of  this  Aft,  or  within  One  Year  after  the  Caufe  of  fuch  Aftion 
tery.  Wounding,  or  Suit,  and  not  after  ;  and  the  faid  Afticns  uj^on  the  Cafe  for  Words,  within  Six 
iThm^i  yTar'.  Months  after  the  Ratification  of  this  Aft,  or  within  Six  Montlis  after  the  Words 
Cafe  for  Words,  fpokeu,  and  nOt  after. 

within  6Months.      '^ 

if  Judgment  be       VI.  PRO  FID  E  D  neverthekfs,  and  it  is  hereby  further  Ena5lzd^  That  if  on 

Judgment  be  given  for  the  Plaintiff,  and  the  fame 
''erdift  pafs  for  the  Plaintiff,  and  upon  Matter  al- 
thathetakeno.  ledged  in  Atreft  of  Judgment,  the  Judgment  be  given  againfb  the  Plaintifiv,  that 
Piamt,  ©"c^'or  hc  take  nothihg  by  his  Plaint,  Writ,  or  Bill ;  or  if  any  of  the  f  dd  Aftions  fhall 
b'e^a«ad!e'd""i'n  ^^  brought  by  Original  Writ,  and  the  Defendant  cannot  be  attached  or  legally 
fuch  chiles  the  ferved  with  Procefs,  that  in  all  fuch  Cafes,  the  Party  Plaintiff,  his  Heirs,  Execu- 
ml  ''commai^'a  ^o^^'  ^^  Adminiftratots,  as  the  Cafe  fhall  require,  may  commence  a  new  Aftion 
new  Suit  within  or  Suit,  from  Time  to  Time,  within  a  Year  after  fuch  Judgment  reverfed,  or 
^  ^"'''  fuch  Judgment  given  againft  the  Plaintiff,  or  till  the  Defendant  can  be  attached 

or  ferved  with  Procefs,  fo  as  to  compel  him  to  appear  and  anfwer. 

In  Aaions  of  VII.  A  N  D  he  it  further  Enabled,  That  in  all  Aftions  of  Trefpafs  ^iare  Cl^u- 
Trefpafs  ^are  fujn  fregit,  hcrcafter  to  be  brought,  wherein  the  Defendant  or  Defendants  fhall 
hThe'Det^"fant  dlfclalm  in  his  or  their  Plea  to- make  any  Title  or  Claim  to  the  Lands  in  which 
difcia.m,  he  (hall  the  Trefpafs  is  by  the  Declaration  fuppoled  to  be  done,  and  the  Trefpafs  be  by 
pLd a^Difciaim-  Negligcncc,  or  involuntary,  the  Defendant  or  Defendants  fhall  be  admitted  to 
pi' ^'^fT^flfu'^^  plead  a  Difclaimer,  and  that  the  Trefpafs  was  by  NegHgence,  or  involuntary,  and 
join  iffue.  a  Tender  or  Offer  of  fufficient  Amends  for  fuch  Trefpafs  before  the  Aftion  brought, 

ni^nTint^""^  *he  wlicreupon,  or  upon  fome  of  them,  the  Plaintiff  or  Plaintiffs  fliall  be  inforced  to 
piaint.ff  ftaii  be  join  Iffuc,  and  the  faid  Iffue  be  found  for  the  Defendant,  or  the  Plaintiff  fhall  be 
barredfronn  other  Nou-fuited  ;  the  Plaintiff  fliall  be  clearly  barred  from  the  faid  Aftion,   and  all 

buita   tor    the  i  i        r 

fame.  Other  Suits  concerning  the  fame. 

Tn  Aftions  for        VIII.  A  N D  he  it  further  EnaBedy  by  the  Authority  ajorefaidy  That  in  all  Ac- 
it  Damn""  under  tions  upon  the  Cafe  for  flanderous  Words,  to  be  fued  or  profecuted  by  any  Per 
40.^  the  Plain-  fg^  jn  thc  General  or  Precinft  Courts  of  this  Government,  after  the  Ratification 
more'coft^than  of  this  Aft,  if  the  Jury,  upon  the  Tryal  of  the  Iffue  in  fuch  Aftion,  or  the  Jury 
Damage.,  j-j-^^^  fj^^jj  inquire  of  the  Damages,  do  find  or  alfefs  the  Damages  under  Forty 

Shillings  ;  then  the  Plaintifi^  or  Plaintift^s  in  fuch  Action,  fhall  have  and  recover 
only  fo  much  Cofts  as  Damages  fo  given  or  affeffed  fhall  amount  unto,  without 
any  further  Increafe  of  the  fame :  Any  Law,  Statute,  Uflxge,  or  Cuftom  to  the 
contrary,  in  any-wife,  notwithftanding. 


Perfon!   \inder 
Age,    iic.      may 


IX.  PRO  FIB  E  D  neverthelef,  and  he  it  further  EnaSfed^  That  if  any  Pcr- 
fon  or  Perfons  that  is  or  fhall  be  intitled  to  any  fuch  Aftions  of  Trefpafs,  De- 
wrtng  Suits  with-  tinuc,  Aftious  fur  Trover,  Replevin,  Aftions  of  Accompt,  and  upon  the  Cafe, 
i»  th.  Tin^e  be-  ^^j^^^  ^^  ^^^^  f^j.  Arrearages  of  Rent,  Aftions  of  Affault,    Menace,  Battery, 
Wounding,    and  Imprifonment,  Aftions  of  Trefpafs  ^lare  Claufum  fregit.  Ac- 
tions 


LA   PF"  S     of    North-Carolina. 


tions  upon  the  Cak  tor  flanderous  V v  ords,  be,  or  Ihall  be  ut  tne  i  ime  of 
fach  Caufe  of  Action  given  or  accrued,  fallen  or  come  within  the  Age  of  T«ven-  before  limited, 
ty  One  Years,  Feme  Covert,  Non  compos  mentis,  imprifoned,  or  beyond  the  Seas  •,  ^^''^^^^''|.^''"""'* 
that  then  fuch  Perfon  or  Peribns  fhali  be  at  Liberty  to  bring  the  fame  Actions,    °    "''' 
fo  as  they  bring  the  fame  within  I'uch  Times  as  are  before  limited,    after  their 
coming  to  or  bting  of  full  Age,  Difcovert,  of  found  Memory,  at  large,  or  re- 
turned from  beyond  the  Seas,  as  other  Perfons,    having  no  fuch  Impediment^ 
misht  have  done. 


CHAP.     XXVIII. 

Feme  Ccverfs  hcu)  to  pafs  Lands^ 

I.  ^  T  T  H  E  R  E  A  S  the  legal  Way  of  palTing  Lands  where  the  Eftate  is  in  a  preambit. 

Y  Y  Feme  Covert,  is  by  Fine  and  Recovery  ;  and  it  having  been  formerly 
prafticable  in  this  Government,  (Fines  and  Recoveries  not  being  in  Ufe  here,) 
that  Sales  have  been  made  by  the  Hufband  with  the  Wife's  Confent,  and  fome- 
times  by  Sales  from  them  both,  and  acknowledged  in  Court,  the  Wife  being  firft 
privately  examined  by  the  Court,  whether  (he  acknowledged  the  fame  freely : 

\\.  BE  it  Enalied,  hy  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  au Saies hereto.- 
chfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  Hu^.^df  with 
and  Confent  of  the  reft  cf  the  Members  of  the  General  Jffembly,  now  met  at  Little  life's  Confent, 
River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  e-c/or^which' 
the  Authority  of  the  fame.  That  all  fuch  Sales  which  have  at  any  Time  heretofore  '"^r^ft"  fhaii  be 
been  made  in  Manner  and  Form  aforefaid,  or  which  hereafter  fhall  be  made  by  -knc.wiedg"d  bel 
the  Hufband  and  Wife,  and  acknowledged  before  the  Chief  Juftice,  or  in  the  ^°'^.  ^  J".**'"' 
Court  of  the  Precincl  where  the  Land  lieth,  the  Wife  having  been  firft  privately  court,  the  w.fe 
examined,  before  the  Chief  Tufcice  or  one  of  the  affociate  Tudges,  or  by  fome  ''f'"?  "^";""=^» 

•  1/^  riT->-<~i  <ii  ^      lame  ihall  be 

Member  appointed  by  the  Court  or  the  Precinct,  whether  Ihe  acknowledgeth  the  valid,  as  if  done 
fame  freely,  Ihall  be  good  and  cffeftual  againll  the  Hufband  and  Wife,  and  their  ^Z^o^^r^y! 
and  every  of  their  Heirs  and  AfTigns,  and  againft  all  other  Perfons  claiming  by, 
from,  or  under  them,  or  any  of  them,  and  that  to  all  Intents  and  Purpofes,  as 
if  the  fame  had  been  done  by  Fine  and  Recovery,    or  by  any  other  Way  or 
Means  whatfoever. 

III.  PROVIDED  ahvays,  and  it  is  hereby  meant  and  intended.  That  no-  Not  to  be  con- 
thing  in  this  A6I:  contained,  fhall  be  conftrued  *or  meant  to  give  any  Power  or  ^^"^^J,  hcrs^fter^ 
Authority  hereafter  for  cutting  oiF  intailed  Lands :  Any  Thing  herein  before  con- 
tained to  the  contrary,  in  any-wife,  notwithftanding. 


CHAP.     XXIX. 

An  AB,  for  preventing  Difpiites  concer7iing  Lands  already  Surveyed. 

I-  TTTHEREAS  Difputes  do  frequently  arife  concerning  Lands  already  Preamble, 

VV  Surveyed  and  Patented,  to  the  great  Charge  and  Vexation  of  many 
People  holding  and  enjoying  thofe  Lands :  For  Prevention  whereof  for  the  fu- 
ture, and  for  fettling  fuch  Differences  as  may  hereafter  arife  j 

C  II.  BE 


lo  L  A   t'P^  S     of    North-Carolina. 


^.  D.    1715. 

^■"^'''"^''""'"^  II.  BE  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  the  General  Jffembly,  new  met  at  Little  Ri- 
ver, for  the  North -Eaft  Part  of  the  faid  Province,  and  by  the  Authority  of  the 

,    ,       fame,  it  is  hereby  Enacted  and  Declared,  That  all  Surveys  already  made,  and  Pa- 
Lands  alieaiiy       •/'  ,...i-/^  uiij  ^-         /-^ 

furveyed,  &  Pa-  tcHts  granted.  Within  this  Government,  by  all  and  every  preceeamg  Governors, 

f^rmefcover^^  Deputy-Govemors,  or  Prefidents,  are  hereby  declared  to  be  good  and  valid,  to 

nors,  tSc.  good  ^\\  Jntcnts  and  Purpofes  whatfoever ;  any  pretended  Defects  or  Infiifficiency  in  the 

and  valid.  Powers  or  Authorities  for  fo  doing  to  the  contrary,  in  any-wife,  notwithftanding  : 

Patents  to  be  And  that  Patents  may  and  ought  to  be  granted  on  all  and  every  the  aforeiaid 

granted  on  the  Sutvcys  for  which  Patents  are  not  already  granted  -,  thofe  lying  within  the  con- 

ftid  Surveys.  ^j-Q^gj-^gd  Bounds  Only  excepted. 


He  that  will  jjj^  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  no  Perfon 
'&^.  2lr^l'  whatfoever  fhall  take  up  any  Marfli,  Swamp,  or  funken  Lands,  but  Ihall  firft 
N  rice  to  the  ^^j^g  Notlcc,  in  Writing,  to  the  Ov/ner  of  the  Land  adjoining  :  After  Notice 
uX adjoin 'ng,  delivered  in  Writing,  before  Evidence,  fuch  Perfon  or  Perfons  Ihall  have  Six 
and  if  he  negieas  jyjQj-jj-j^g  Xiiiie  to  refolvc  whether  he  will  take  up  the  fame  or  no ;  and  in  Cafe  he 
6°  Months,"^h"  fhall  not,  before  the  End  of  the  faid  Six  Months,  take  out  a  W^arrant  to  furvey 
fuch  Marfh,  Swamp,  or  funken  Land,  as  fliall  be  contiguous  to  his  own  Land, 
then  the  firft  Perfon  who  gave  fuch  Notice  may  furvey  and  patent  the  fame. 


perfon    giving 
fuch  Notice  may, 


Land  may  be  re-  IV.  AND  bc  it  further  Euactcd,  by  the  Authority  afore  faid.  That  if  any  Per- 
[riaue/survey  foH  fliall  belicvc  that  there  is  contained  in  the  Survey  or  Patent  of  any  Perfon, 
doth  not  exceed  morc  Land  than  the  fame  Survey  or  Patent  mentions,  then,  and  in  fuch  Cafe, 
tha/iTAcrTsTn  fuch  Pcrfon  may  employ  the  Surveyor-General,  or  his  Deputy,  to  re-furvey  fuch 
the  Hundred,  to  Lgn^^l  ^  gnd  if  it  fliall  appear  that  the  latter  Survey  doth  not  exceed  the  former 
be  no  Erior,  ^^  rViOxt  than  Ten  Acres  in  the  Hundred,  fuch  fliall  not  be  deemed  any  Error, 
nor  the  Owner  of  fuch  Land  put  to  any  Charge  or  Trouble  in  rc-furveying  or 
patenting  the  fame  •■,  but  the  Party  employing  the  Surveyor  fliall  pay  all  Charges. 

Surveyor  to  go  by  V.  A  N  D  bc  it  furthcr  Enactcd,  by  the  Authority  aforefaid.  That  in  all  Cafes 
nrtiai\Tn'ds  of  Differences  where  any  Re-furvey  fliall  be  made,  the  Surveyor  fliall  always 
or  Courfes  and'  procccd  by  thc  marked  Trees,  if  the  fame  can  be  found,  or  by  natural  Bounds, 
D.fiance.  .^-  ^^^  mentioned  ;  and  if  there  be  not  marked  Trees,  then  he  fliall  follow  the 

Courfes  mentioned  in  the  Flat  or  Patent,  fo  as  the  Intention  of  the  Party  firft 
Re-furvcy  con-  taking  up  may  be  obferved  as  near  as  may  be  :  And  if  it  fliall  happen  that  in  any 
"  "'"/a°row"  Re-furvey  there  fliall  be  more  Land  contained  above  the  Qiiantity  mentioned, 
ner^may'takJ'''  bcfides  Ten  iu  the  Hundred  before  mentioned  in  this  A£l,  it  fliall  be  in  the  Choice 
ft"?urwheleTe  of  the  Owncr  of  the  Land  to  take  the  flime,  paying  the  Surveyor  his  Fee,  or  to 
pieafes.  Igavc  out  the  Overplus  in  fuch  Part  or  Place  as  he  pleafes  -,  and  then  the  whole 

Charge  to  be  born  and  paid  by  him  that  required  the  Survey. 

Patents  for  de-      VI.  AND  bc  it  furthcr  Enactcd,  by  the  Authority  aforefaid^  That  all  Surveys  or 

ceafed  Perfons     Patents  hereafter  to  be  made  or  granted  for  the  Land  or  Plantation  of  any  deceafed 

t^he"Name  ctthe  Pcrfon,  the  fame  fliall  be   made  and  granted  in  the  Name  of  the  Heir  at  Law, 

Heir  at  L.w,  &  ^j^jg]^  ncverthelcfs  fliall  not  bar  any  that  have  Title  thereto  by  Dower  or  Courtciy, 

&cr        '"'"  or  by  the  Will  of  the  deceafed  Pofi'eflbr  •,    but  that  every  Title  or  Claim  fliall 

ftand  good  and  valid  in  Law,  as  they  might  or  ought  to  have  done  if  the  deceafed 

Pofleflbr  had,  in  his  Life  time,  furveyed  and  taken  out  a  Patent  for  the  fame  in 

his  own  Name. 


CHAP. 


LAWS     o/"    North-Carolina.  h 


A.  D.    1715. 


CHAP.     XXX. 

An  Acfj  concerni'ng  Efcheat  Lajids^  and  Efchcators.  "" 

I.  TT^  O  R  the  better  fecuring  and  quieting  her  Majefty's  Subjedls  of  this  Pro- 
J/     vince  in  the  Pofitirion  of  their  Lands,  Vv'e  pray  that  it  may  be  Enafted, 
Ana  belt  Enacted^    by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  tf  CaroUna,  by  and  with  the  Advice  and  Confent  of  the 
reft  of  the  Members  of  the  General  Affembly^   now  met  at  Little  River,  /or  the 
North-Eaft  Part  of  the  faid  Province^  and  it  is  hereby  Enacted^  by  the  Atithcrity 
of  the  fame.  That  if  any  Perfon  is  or  fhall  be  in  PolTeflion,  byhimfelf.  Guardian,  P'^rfons  in  Pur- 
er Tenant,  of  any  Lands,  by  Purchafe,  Defcent,  or  Laft  Will  and  Teftament,  Sd^'firft'^d! 
that  do  or  Ihall  efcheate  to  the  Lords  Proprietors,  fuch  Poffefibr  fhall  be  firft  ad-  «"'«"'  «» p«'ti- 
mitted  to  inform  and  petition  the  Governor,    Deputy-Governor,  Prefident,  or  Efchelt!  ^'"  ""^ 
Commander  in  Chief  for  the  Time  being,  for  a  Vv  rit  of  Efcheat,  to  be  diredled 
to  the  Efcheator-General,  or'  his  Deputy,  to  enquire  whether  the  laid  Land  doth 
efcheat  •,  and  if  the  fame  fhall  be  found,  upon  Inquifition  duly  taken,  to  efcheat,  ^[  '^  ^^  f'^""'^  1° 
the  aforefaid  Pofieflbr,  and  no  other  Perfon,  Ihall  have  a  Patent  for  the  fame,  r'fto  havfa  pi 
paying  after  the  Rate  of  Two  Pence  an  Acre  for  the  Compofition  thereof,  and  no  tent  for  the  fame, 
more,  be  there  Improvements  more  or  lefs.  ^7re?  ^'^   ^"^ 

II.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Per-  ECche^t  Lands  to 
fon  feized  of  Land  in  Fee-Simple,  fhall  happen  to  die  without  Heir,  or  making  "^>^'"  s""*^"'- 
any  Difpofition  thereof  by  Will,  whereby  the  fdd  Lands  do  efcheat  to  the  Lords 
Proprietors,  then  they  ihall  be  granted,  after  the  faid  Manner,  and  after  the  fame 
Compofition,  to  the  Widow,  or  Widower,   and  if  there  be  none  fuch,  then  to 

the  Father,  and  if  there  be  none  fuch,  then  to  the  Mother,  and  if  there  be  none 
fuch,  then  to  the  eldeft  Brother  of  the  half  Blood,  and  if  there  be  none  fuch, 
then  to  the  Sifter  or  Sifters  of  the  half  Blood,  and  if  there  be  none  fuch,  then  to 
the  neareft  of  Kin  to  the  Party  deceafed,  and  if  there  be  no  Kindred,  then  to  any 
Perfon  who  Hiall  firft  inform  and  petition  for  the  fame. 

III.  PROVIDED  always,  and  it  is  further  Enacted,  by  the  Authority  afore-  Petfons;nP,(rcf- 
faid.  That  if  any  Perfon  that' is  or  fhall  be  in  Poffeffion  of  any  Land  in  Manner  Lands"''  neg"<ft- 
aforefaid,  by  Defcent,  Purchafe,  or  Laft  Will  and  Teftament,  that  do  or  fhall  Sng  to  petition  for 
efcheat  -,  or  any  Perfon  tliat  fhall  have  Right  to  inform  and  petition  for  Efcheat  NotiJrgivenf' 
Lands  in  any  of  the  before  recited  Cafes,  fliall  happen,  through  Ignorance,  to  p<^''°'^'  g'^'"s 
omit  the  lame  -,  that  then  it  fhall  and  may  be  lawful  for  any  other  Perfon  to  give  tit  £'1-""'^ 
him  Notice  thereof,  in  tlie  Frefence  of  Two  credible  WitnefTes  at  the  leaft  ;  and 

if  he  fhall  negleft  to  inform  and  petition  for  the  lame,  in  Manner  aforefaid,  to 
the  Second  General  Court  that  fnall  happen  after  fuch  Notice  given,  then  the  Per- 
fon giving  Notice  as  aforefaid,  fhall  have  the  fame  Lands,  paying  the  Compofi- 
tion as  aforefaid , 

IV.  AND  to  the  End,  that  neither  the  Lords  Proprietors,  nor  any  of  the  In-  Efcheator-Cene- 
habitants  of  this  Province,  may  receive  Damage  for  Want  of  an  Efthcator ;  Be  po'ni°I ""'''"" 
//  Enacted,  by  the  Authority  aforefaid.  That  as  often  as  it  fhall  happen  that  no 

Perfon  is  appointed  Efcheater-General  by  the  Lords  Proprietors,  fome  Perfon',  of 
known  Ability  and  Integrity,  fliall  be  commiffionated  Efcheator-General  by  the 
Governor,  Deputy-Governor,  Prefident,  or  Commander  in  Chief  for  the  Time 
being,  by  and  v/ith  the  Advice  and  Confent  of  Three  or  more  of  the  Lords  Pro- 
prietors Deputies,  with  Power  to  commiflionate  one  or  more  Deputy  or  Deputies  ;  inq^'fitions  tak. 
and  all  Inquifitions  that  ihall  be  taken  as  Efcheator  not  commiftionated  as  afore-  E"fchcLr"'Toid! 
faid,  or  without  a  Writ  of  Efcheat  firft  obtained,  fuch  Inquifition  ftiall  be  null 
and  void,  to  all  Intents  and  Purpofes. 

V.  AND 


12,  L  A   M^  S     (?/'    North-Carolina. 


A    D.     171V 

i^^CI^fT^-^t       ^-  AND  be  it  further  Enacted,  That  the  Efchcator-General,  or  his  Deputy- 
Notice  30  Davs  or  Deputies,  before  he  or  they  fhalJ  execute  any  Writ  of  Efcheat,  fhall  give  pub- 
any'wntTundcr  hc  Notice  Thirty  bays  before,  by  fetting  up  a  Note  at  the  Court-houfe  Door  of 
Penalty  of  so  1.    ^j^g  irecind  where  the  Land  fhall  lie,  of  the  Time  when  he  will  execute  the  faid 
Writ,  to  the  End  that  all  Ferfons  concerned  may  liave  Knowledge  thereof;  upon 
the  Penalty  of  Fifty  Founds,  to  be  paid  to  the  Party  grieved ;  to  be  recovered, 
by  Adlion  of  Debt,  in  the  General  Court  of  this  Government ;  wherein  no  Ef- 
jnquifitions  to  be  foign  or  Wager  of  Law  fhall  be  allowed:  And  all  Inquifitions  Ihall  be  taken 
in  courr''''''''''  openly  and  publickly  in  the  Court-houfe  of  the  Precindl  or  County  where  the 
Land  to  be  inquired  after  fhall  lie,  by  the  moft  ancient  indifferent  Freeholders  of 
Evidence  to  be    the  fame  FrecincSt  and  County.     And  the  Efcheator-General,  and  every  of  his 
given  in  Prefence  Dcputies,  fhall  fuifer  cvcry  Perfon  to  give  Evidence  openly  in  their  Prefence  to 
der  Penalty' "f'  the  Jury,  upon  fuch  Inquifitions  as  fhall  be  taken  before  him  or  any  of  them, 
5°'-  upon  the  like  Penalty  of  Fifty  Pounds,  to  the  Perfon  fo  grieved  •,  to  be  recovered 

inquifirions  to  be  in  Manner  aforefaid  :  And  all  fuch  Inquifitions  lliall  be  returned  into  the  Secre- 
s^cmary-sOffice  tary's  Officc  within  Twenty  Days,  at  farthefl,  after  they  are  taken ;  and  if  no 
i».thin  20  Days.  Perfon  fliall  prove  himfelf  Heir  to  fuch  Land  as  have  been  found  to  efcheat  in 
Manner  aforefaid,  or  any  Time  in  Scytn  Years  after  the  Date  of  the  faid  Inqui- 
ing '""7 'veaVs',  fition,  fuch  Pcrfon,  and  his  Heirs,  are  and  fnall  be  tor  ever  barred  and  excluded 
barred  for  ever.    fj-Q^i  having  or  fuing  fot  the  faid  Lands. 


CHAP.     XXXL 

Statutes  inforc'd  Ati  ASi ^  foT  the  }}iore  eff'eBual  obferving  of  the  ^leen's  Peace,  and  EJfa- 
b"y  Aa.'o^^.'Te,'     blijln7ig  a  good  and  lajling  Foundation  of  Go'vernment  in  North-Carolina. 

J  749,  Chap  1. 


CHAP.   xxxn. 

Rep.  byNsv'ga-  Au  A5f^    foT  feftUjiz  and  maintaining  Pilots  at  Roanoke  and  Ocacock 

tion  Aa,  March  ^     J  I  O  _    ,0 

6,  1738,  Ch.  4. 


Inlets. 


CHAP,    xxxin. 

An  AB,  to  regulate  divers  Abufes  in  the  taking  up  of  Lands,  and  to  as- 
certain the  Method  to  be  obferved,  from  haiceforth,  in  taking  up  and 
Surveying  Lands. 

Preamble.  I.  TTTHEREASof  late  Years,  great  Inconveniences  have  arifen  by  Means 

W  of  the  irregular  Proceedings  and  Methods  obferved  in  entering  and  tak- 
ing up  Land,  and  by  fome  Perfons  holding  or  pretending  Right  to  large  Trafts 
of  Land  ;  to  the  great  Difcouragement  of  Strangers  coming  in  to  inhabit  among 
us,  and  to  the  great  weakning  of  Places  already  fettled  and  inhabited,  as  well  as 
to  the  great  Lofs  and  Prejudice  of  the  Lords  Proprietors :  For  Prevention  whereof 
For  the  future,  and  for  the  better  regulating  the  Method  of  taking  up  Lands  in 
Time  to  come  -, 

IT.  BE 


LA     iV    S       of       N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


^3 


II.  Be  it  Enabled.,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  end 
ahfolute  Lcrds  Proprietors  of  Carolina,  by  and  "^ith  the  Advice  aid  Conjcnt  of 
this  prefent  General  Apmbh\  new  met  at  Little  River,  for  the  North-liaft  Part 
of  the  faid  Province,  and  it  is  hereby  En.i£l.id  by  the  Authority  of  the  fame.  That 
from  and  aiter  the  i^'irft  Day  of  January  niXt  enfuing  the  Date  htreot,  no  sur- 
veyor-General,  nor  Deputy  Surveyor,  iliall  enter  any  Land  for  any  jt'trfon  aftrr  '>'f"vrd  n  tak- 


Method   to  he 


the  Manner  as  has  been  or  lite  i  cars  obLrved  ;  but  that  all  i^crfons  whatfocver  \f^^l  i!"" 
that  fhall,  from  thenceiorward,  be  minded  to  take  up  any  Lands  in  this  Ciovtrn- 
ment,  flv^iU  before  he  lays  Claim  tn.reto,  take  a  w  arrant  iro in  the  Secretary's 
Office,  directed  to  the  Surveyor-General,  or  Deputy,  as  ufudl,  mentioning  the 
Quantity  of  Land  by  them  intended  to  be  taken  up  ;  which  Warrant  he  Ihaii  de- 
liver to  the  faid  Surveyor-General,  or  his  Deputy,  together  with  an  Account 
where  the  Land  lies  winch  he  intjnds  to  take  up  by  ta^t  vV arrant,  which  the 
Surveyor  fhall  indorfe  upon  the  Back  ot  the  Lid  Warrant,  tog  tiitr  with  the 
Time  of  his  Receipt  thereof,  and  give  a  '^  opy  of  the  faid  IndorLm.nt  to  the  fiid 
Perfon  ;  for  which  it  ihall  be  Liwlui  tor  him  to  demand  and  receive  the  ufual  Fee 
of  Entry  and  Copy  ;  and  Ihal!,  within  Eight  Months  next  aft.r  fuch  Receipt, 
furvey  and  make  Return  of  the  faid  Land,  with  the  V."  arrant,  as  is  ufual,  unlefs 
he  fhall  give  fuincient  Reafon,  upon  his  Oath,  for  not  doing  the  fame ;  provided 
always,  that  he  hath  no  Warrant  bJbre  lodged  in  his  iian..,s  for  the  fame  Land  ; 
and  provided  aifo,  that  if  Occafion  be,  the  .Surveyor  fhall  be  impowered  to  hire 
Chain-Crriers  and  Markers  for  his  Affiltance  in  Lying  out  of  any  Lands,  and 
fhall  charge  the  fame  to  the  Owner  of  fuch  Land. 


'D^ 


ivi-rs  ot  Creeks 
low   to   be  fuT- 


in.  AND  he  it  further  Enabled.,   by  the  Authority  aforefaid.  That  the  Survey-  L^nds'y'ng 
or-Gen'-ral,    and  his  Deputy,    fhall  obferve,  in  furveying  and  laying  out  of  all  how"  °' 
Lands  to  be  taken  up  from  henceforward,  that  lies  on  a  navigable  Riv.r  or  Creek,  """"i"^- 
that  he  fhall  run  a  full  Mile  on  a  dired  Courfe  into  the  Vn  oods,  and  each  oppo- 
fite  Line  fhall  run  parallel  with  the  other,  if  it  can  be  admitted,  for  oth.r  Peo- 
ples Lines,    or  Rivers  or  Creeks-,    and  for  all  Lands  taken  up  wholly  in  the  inntheWonds, 
Woods,  the  Survey  ihall  be  upon  a  Square,  if  it  can  be  admitted,  as  aforefaid.       fqutte!"'^  """^ 

IV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  .*^urveyor.  Surveyor  not  to 
or  Deputy-Surveyor,  from  and  after  the  lime  afor.faid,  fhall  furvey  or  lay  out  e'c^AcTesTnlln" 
more  than  Six  Hundred  and  rorty  Acres  of  Land  in  one  1  radt,  nor  fhall  furvey  "^  ^^'  ""'  '"'■^ 
or  lay  out  Two  fevcral  Trafts  of  Land  for  any  one  Perfon  within  1  wo  MiLs,  at  pVr n  within^ 
ieafl,  of  each  others  unlefs  by  particular  Warrant  from  the  Lords  Proprietors  tor  '""MUes, 
that  Purpofe. 

V.  AND  be  it  further  Enabled,  by  the  Authority   aforefaid.    That  any  Sur-  Surveyor  laying 
veyor,  or  Deputy  Surveyor,  that  fhall  prefume  to  furvey  or  lay  out  any  Lands  triry  toVisAa] 
contrary  to  the  Dire6lions,  Purport,  and  Meaning  of  this  Aft,  fhall,  lor  every  to<^"rfcit  loi. 
Offence,  forfeit  and  pay  the  Sum  of  Ten  Rounds  ;  one  Half  to  the  rublic  Trea- 

Tury,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the  fame  :  To  be  re- 
covered in  the  General  Court  of  this  r'rovince  ;  wherein  no  Eflbign,  Proteftion, 
or  Wager  of  Law,  fhall  be  allowed. 

VI.  AND  forafmuch  as  the  Lords  Proprietors  do  fuflain  great  Damages,  and 
the  Country  in  general   lies  unfcttled,    by  Reafon  of  many  Perfons  holding  or 
pretending  Right  to  large  I'rads  of  Land   in  this  Govtrnrntnt,    without  any 
other  Title  thereto  than  a  bare  Entry  oi^.^urvey  :  Be  tt  Enabled,  by  the  Authority 
aforefaid.  That  all  or  any  Perfon  or  Perfons  whatfoever,  who  do  now  hold  or  '^Jr^^^Tvtt 
pretend  any  Right  to  any  Lands  within  this  Government,  by  Virtue  of  any  Sur-  ch.fc-M-n  y 
vey  or  Purchafe,  as  aforefaid,  made  before  the  Fourteenth  Day  of  April  lafl  pafl,  X^t^x.<t  ^"'""^ 
and  do  not  pay,  or  fecure  to  be  paid,  the  Purchafe- Money  thereof  to  the  Lords 

D  Propri- 


14  L  A   H^  S     c/"    North-Carolina. 

^.  D.  171;.    Proprietors  Receiver-General,  on  or  betore  the  Twenty  Fifth  'Dsq  oi  December 
^"-""y''^   ji^xt,  purfuant  to  an  Order  of  Council,  dated  the  aforefaid  Fourteenth  Day  of 
yjpril,  it  Ihall  and  may  be  lawful  tor  any  Perfon  or  rerfons  to  enter  on  the  fame 
Lands,  and  have  Patents  therefor  upon  the  old  Surveys ;  provided  he  or  they  fo 
entering,  fhall  pay,  or  Lcure  to  be  paid,  to  the  faid  Keceivtr-Gcneral,  the  I'ur- 
chafe-Money  and  Qiiit-Rents  which  fhould  have  been  paid  by  the  ir'erfon  that ' 
fhall  fo  lapfe  the  fame,  and  alfo  the  Sum  ol^  Ten  Shillings  to  the  Surveyor-Gene- 
ral, for  altering  the  Certiiicate  •,  y/hich  Patent,  when  fo  obtained,  fliall  be  deemed 
and  adjudged  good  and  valid,  to  all  Intents  and  Purpofes  •,  any  Law,  Cuftom, 
or  Ufage,  to  the  contrary,    notwithftanding  :    And  further,  all  Perfons  that  do 
ince'^^nv"  14"^  pretend  any  Right  to  any  Lands  taken  up  on  Pretence  of  Purchafe,  as  aforefaid, 
for  wh  ch  iiie    fince  the  Fourteenth  Day  of  Jpnl ;  or  that  fhall,  from  henceforward,  take  up 
ni"ii  nnt'b-  i"rd  and  furvey  any  Lands  on  Pretence  of  Purchafe,  and  do  not  pay,  or  fecure  to  be 
w  thin 6 Months  paid,  the  Purchafe-Money  thereof  to  the  Receiver-General  for  the  Time  being, 
n7  other  p".nm  witliin  Six  Montlis  after,  the  Date  of  fuch  Survey,  fuch  Perfon  or  Perfons  fhall 
mny^takeup  thi;  forfeit  their  Right  thereto  j.and  it  fhall  and  may  be  lawful   for  any  other  Perfon 
or  Perfons  to  take  out  a  Warrant  for  fuch  Lands,  and  proceed  thereon  as  is  be- 
fore dircdcd  in  this  Ad,  for  taking  up  vacant  Lands.  ^ 

NoPeifo.i,  after       VII.  A N B  be  it  further  EnaElcd^  by  the  Authority  aforefaid.  That  from  and 
?7r  'htto^Ll^^d  ^^^^^  ^^^  aforefaid  Firft.  Day  of  January  next,  no  Perfon  fliall  fell  or  alienate  his 
Kf.re  Purch.f  -  Right  to  any  Land,  until  he  has  paid  the  Purchafe-Money  the reof,  and  has  ob- 
pltrnf  '^rankd'"'  Gained  a  Patent  and  Grant  for  the  fame  ;  but  fuch  Sale,  Aflignment,  or  Convey- 
ance, fhall  be  deemed,  conftrued,  and  taken,  to  be  invalid  and  of  none  Effect : 
And  fuch  Land  fhall  be  tree  and  clear  for  any  other  Perfon  to  take  up,  obferving 
the  Rules  in  this  A6t  before  fpecified  for  taking  up  vacant  Lands. 

Where   fuch  VIII.  P  ROV  ID  ED  always  neverthelefs.    That  where  the  Right  of  Land 

oi"ham'"umi*!c  liipretofore  furveyed  on  Pretence  of  Purchafe  aforefaid,  belongs  to  any  Orphan  or 
to  p;>ient  it,      Orphans  that  are  not  able  or  capable  to  Patent  the  fame,  for  Want  of  Perfonal 
mrrfer"iV;  ^''"-  Eft'ite,  within  the  Time  before  limited  in  this  A6t,  it  fhall  and  may  be  lawfu! 
for  the  Guardian  or  Guardians,  Truftee  or  Truflees  of  fuch  Orphan  or  Orphans, 
or  Adminiftrator  of  the  Inteftate's  Eflate,  to  fell  and  difpofe  of  all  or  fuch  Part  of 
fuch  Right,  as  aforefaid,  by  Public  Sale,  to  the  beft  Advantage  they  can  for  the 
Inteilate's  F^ftate  •,  any  Thing  in  the  faid  Acl  to  the  contrary,  notwithflanding : 
,    „  ,     ,  ^     And  in  Cafe  any  Guardian,  Truflee,  or  Adminiflrator,  fhall  negledl  or  refufe  to 
fiifai,  Orphans"  make  Sale  of  fuch  Land  as  aforefaid,  within  Six  Months,  the  Orphans  Courts 
^^XRi^ht'^"     ^^^  hereby  impowcred  and  required  to  call  fuch  Guardian,  Truftee,  or  Adminif- 
trator, to  Account ;    and  if  they   cannot  find  Perfonal  Eftate  fufFicient  in  their 
Hands  to  purchafe  fuch  Lands,    as  aforefaid,    then  they,  the  faid  Court,  fKall 
make  fuch  Sale,  and  to  fuch  Ufes  as  abovefaid. 

IX.  AND  whereas  many  of  the  prefent  Inhabitants  of  Bath  County,  by  Rea- 

fon  of  the  Calamities  befallen  them  during  the  late  Vv^ars  v/ith  the  Indians,    are 

rendered  incapable  of  making  prefent  Payment  for  the  P  urchafe  of  fuch  Lands 

as  now  are,  or  have  been,  actually  held,  fettled,  and  improved  by  them,  and 

from  whence  they  have  been  lately  driven  by  the  Enemy  :  Be  it  EnaBed,  that  a 

inhabitants  of     further  Time  be  granted  to  fuch  Perfons  for  paying  the  Purchafe  of  fuch  Lands, 

Sath  Cunty  ai-  upon  giving  fuch  Security  to  the  Lords  Proprietors  Receiver-General,  as  fhall  be 

Tim1  Io"py      by  him  approved  of,  within  Six  Months  after  the  Ratification  of  this  Ad:  Any 

piuchafe-Mjney  y\-{x^or  hcrcln  bcforc  contained  to  the  contrary  thereof,    in  any-wife,   notwidi- 

iipon  giving  Sc    ^  P 

cai;tv.  itandms;. 


CHAP. 


LAWS     of    North-Caroli  n a.  i 5 


n  Tiuft  fr>r   th« 
Party   injui'd. 


CHAP.     XXXIV. 

An  ASf,  for  Entring  QfVeJJ'elSy  and  to  prevent  the  Exportation  of  Debtors.' 

I.  -r^  E  it  Ena£fed,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
\j  ahfolute  Lords  Proprietors  of  the  Province  c/  Carolina,  by  and  with   the 
Jdvue  and  Confent  of  the  reft  of  the  Members  of  the  General  yiffembly  now  met  at 
Little  River,  for  the  North-Eail  Part  of  th^  faid  Province,  end  it  is  hereby  En- 
a5led,    by  the  Authority  of  the  fame.    That  the  Maftcr  ot  every  Ship  or  VefiH  Mafter  rf  v,  fr.i 
coming  into  this  Governnxnt,  l'ha!l,  within  Four  Days  next  alter  his  Arrival,  [^.y^^^^of^y" 
and  bc'tbrc  he  trade  or  land  any  Goods,  (living  Creatures  only  excepted,)  enter  w.tim  4  d  ys'' 
into  Bond  in  the  Naval-Office,  with  one  lufficient  Freeholder  or  well  known  Mer-   ^^o'l'^Knai't '" 
chant,    in  tlie  Sum  of  Five  Hundred  Pounds,  with  Condition,  That  the  faid  n.t  to  carry  any 
Mafter  fhall  not  carry  off  any  Perfon  out  of  this  Province  without  a  Ticket  firft  ciy^^i'l^ 
had  and  obtained  from  the  Naval-Officer,  and  figned  by  the  Governor  or  Com-  aT;cket. 
mander  in  Chief  for  the  Time  being,  (Perfons  coming  into  this  Province  in  the 
fame  VeffeU  Women  whofe  Hufbands  are  refident  in  the  Country,  Perfons  un- 
der Age^  ?.nd  Sailors  who  iiave  not  refided  in  the  Government  above  Two  Months,  p^'''""^  "'^^rt^d. 
excepted,;  nor  fhall  depart  himfelf  without  Leave -,  under  the  Penalty  of  Fitty  Nor  depart  him- 
Pounds^; One  Third  to  the  Lords  Proprietors,  One  Third  to  the  Gove'rHor  qr  ^3^;""''"'  ' 
Commander  in  Chief,  and  the  other  Third  to  the  Informer.  -  ""';,. 

II.  AND  be  it  further  EnaLfed,  by  the  Authority  af ere  faid.  That  the  faid  Bond  ^'"''  to  he  given 
fhall  be  taken  in  the  Name  of  the  Governor  or  Commander  in  Chief  for  the  th.-  G..v>.MTo'r,'' 
Time  being,  payable  to  himfelf,  his  Succeffors  or  Afligns,  but  fhall  be  to  the  on- 
ly Ufe  of,  and  in  Truft  for,  fuch  Perfon  or  Perfons  as  fhall  appear  to  be  injured 
by  the  faid  Matter's  Non-Performance  of  the  Condition  above  exprefied  ;  and 
fhall  be  affigned  to  any  Perfon  or  Perfons  fo  injured  petitioning  for  the  fame, 

who  fhall  and  may  maintain  an  A.6lion  thereon. 

III.  PROVIDED  ah:  ays,  and  it  is  hereby  further  Enacted,  That  if  the  faid  Bond  not  fued  in 
Bond  or  Bonds  fliall  not  be  fued  within  Two  Years  after  the  Date  thereof,  then  ^^ears,  void. 
the  fame  fhall  be  null  and  void  to  all  Intents  and  Purpofcs  whatlbever,  as  if  the 

fame  had  never  been  made  ;  any  Thing  herein  before  contained  to  the  contrary 
notwitnftanding. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Ticket  Ticket  mt  to  be 
fnall  hereafter  be  granted  to  any  Perfon  intending  to  export  his  or  herfelf  out  of  fu"'gt,n' fi""' 
this  Government,  (except  as  before  excepted,)  until  fufficient  Security   be  firft  p  ymcnt  .f  ths 
given  to  the  Naval-Officer,  for  the  Payment  of  all  fuch'  Debts  as  the  Party  fo  in-    "'"''  ^ 
tending  to  depart  fhall  be  chargeable  with,  and  for  which  Acflions  fhall  be  com- 
menced within  Four  Months  next' after  fuch  Security  given  i  or  until  Certificate 

be  firft  made  to  the  Naval-Officer,   by  the  Clerk  of  the  Precinft  Court  where  the  or  until  Cert;fi. 
Party  fliall  refide,  that  he  hath  publifhed  his  Intentions  to  depart  the  Government,  "te  produc-a 
by  affixing  a  Note  to  the  Court-houfe  Door,  publickly  to  be  read  by  all  Perfons,  \\^  intention  to 
during  the  Sitting  and  Continuance  of  the  1  wo  Courts  next  preceeding  fuch  Ccr-  '^^p"'. 
tificate,  without  being  under  written,  or  any  Demand  made  to  hinder  his  or  her 
Departure. 

V.  AND  be  it  further  EnaEled,  That  on  Defauk  of  fo  doing,  the  Naval-Offi-  Naval  officimot 
cer  fhall  be  liable  to  fiitisfy  the  Creditors  of  all  fuch  Perfons  who  fhall  depart  the  tiib'^Aa!  jilbie 
Government  by  Ticket  from  that  Office  ;  provided  A6lions  for  the  fame  be  en-  oVtl'V^AaCs 
tred  within  Four  Months  after  the  Date  of  fuch  Ticket  fo  obtained  ;  without  Se-  brought  wahin  4 
curity  given,  or  Certificate  had  and  received  from  the  Clerk  of  fome  Precincfl  ^°"''''- 
Court,  as  before  mentioned- 

CHAP. 


i6  Xyf//^AS'o/^    North-Carolina. 


A    O       yr.: 


CHAP.     XXXV. 

Rep.  by  A  %^-  Aft  ASif  for  raifing  a  Public  Magazine  of  Ammunition^  upon  the 'Tonnage 
clLl'.Zf'  of  all  Vejfels  trading  to  this  Government. 


Precinft     Courts 
spp     nt    F  r 


CHAP.     XXXVI. 

An  ASiy  concerning  Roads  and  Ferries. 

I.  "13  E  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  rejl  of  the  true  fltid  ab- 
j3  folute  Lords  Prcprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  tij.s  prejent  General  /.ffembly^  now  met  at  Little  River,  for  the  North  Euft  Part 
cf  tioe  fa  J  Province,  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,  That 
All  R.-ads   and  all  Roads  and  Fcrri.s  in  this  Government,  already  laid  out  or  appointed,  by  Vir- 
h.d'ou?'rnd!,r  tue  of  any  Ad  or  OrJinance  of  Affembly  heretofore  made  or  declared,  or  by 
p.',nt<o  by  Aa,  Virtue  of  any  Order  of  Court  grounded  th.reon,  which  are  or  ought  to  be  now 
dcdrrJpubu^  in  UTe,  Ihaii  be,  and  are  hereby  declared  to  be  Public  Roads  and  Ferries :  And 
all  Pcrfons  whatfoever  that  ought,  or  which  have  been  accuftomed  or  ufed  to 
Pe,(;.ns  ufd  to  ^Qj-j^  j^„  ^ny  fuch  Roads  and  bridges,  which  have  been  made  and  laid  out  pur- 
rrkip"he  fame  fuant  to  any  Aft  or  Ordinance  of  Aflembly,  or  Crder  of  Court  grounded  thireon, 
in  Repair.  ^  ^||  (_-(jnj;inue  to  work  on  the  fame,  or  to  keep  the  fame  in  Repiir,  as  they  fhould 

or  ouo-ht_to  have  done,  by  Virtue  of  fuch  Ad:  or  Ordinance  ot  Affembly,  or  Or- 
der ot  Court  conformable  thereto. 

II.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  Time 
.-  .pp  ,u  r  r-  to  Time,  and  at  all  Tim^s  hereafter,  the  Court  of  each  Precinct  Ihall  have  full 
rk5,  and  .rd.r  Po^^.j.  ^nd  Authority  to  appoint  and  fettle  Ferries,  and  to  order  the  laying  out 
Rc,adsto  be  la.d  ^^  ^^^^^^  ^^^^^^  ^^^^^  ^^^  ^^^^  already  appointed  or  ufed,  and  to  appoint  where 

Erico-cs  n-iall  be  made,  for  the  Ufe  and  Eafe  of  the  Precinft  ;  fo  as  not  to  alter 
old  Roads,  to  the  Prejudice  of  any  Perfon,  without  the  Leave  and  Licenfe  of  fuch 
Perfon  had  and  obtained. 

Ro^dsto  be  laM       HI    AN B  be  it  further  Enacted,   by  the  Authority  afcrefaid.  That  all  Roads 

^zMln^ioIi/  hereafter  to  be  laid  out,  Ihall  be  laid  out  by  a  Jury  of  Twelve  Men,  appointed 

■  by  the  Precina  Court-,  which  Jury  (hall  firtl  take  an  Oath,  to  lay  out  the  fame 

to  the  o-rcatcft  Eafe  and  Conveniency  of  the  Inhabitants,  and  as  little  as  may  be 

to  the  Prejudice  of  any  private  Man  :  And  the  Damages  which  Ihall  be  fuftamed 

D.mnees  fuft.in-  bv  any  Dtivate  Perfon  in  laying  out  fuch  Road,  Ihall  be  afcertained  by  the  lame 

f"  ""^n'-^Vt  Turv  who  fhall  lay  out  fuch  Road,  on  Oath  •,  to  be  equally  levied  and  coUcfted, 

af;.,t,inea,;h:  by  the  Surveyor  of  fuch  Road,  on  the  Tithables  which  ought  to  work  on  the 

^]^^1^.  fame,  and  by  him  paid  to  the  Party  injured. 

No  Perf,n  to         IN    AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per- 
keepF  rry  with-  r  Pgrfons,  afttT  the  Ratification  of  this  Aft,  fhall  pretend  to  keep  any  Ferry, 

Pub°c'^:';;'o:  or  to  tranfport  any  Perfon  or  Perfons,  or  their  Horfes  or  Cattle,  for  Pay,  within 
Penalty  of  los.  ^^^  Mllcs  of  any  Ferry  which  is  already,  or  htreatter  Ihall  be  appointed,  luch 
^cTL^r:  Perfon  or  Perfons  fo  pretending  to '  keep  Ferry,  or  tranfporting  any  Perfon  or 
Perfons,  or  their  Horfes  or  Cattle,  fliall  forfeit  and  pay  the  Sum  ot  Ten  Shil- 
lincrs  for  every  Man  or  Beaft  fo  tranfported  or  ferried,  to  the  next  adjacent  Ferry- 
man :  To  be  recovered  by  Warrant  from  any  Juftice  of  the  Peace,  upon  iull 
Proof  thereof  made  before  iiim. 

V.  PRO- 


L  A   IV  S    of    North-Carolina. 


^7 


■-  cleared  icF^-et 


Y.  PRO  FID  E  D  always.  That  all  Rich  Perfons  who  fhall  hereafter  under-  pt^e'^to 
take  to  keep  any  Public  i^erry  by  Appointment,  and  do  not  provide  good  and  p''"^'''^   ^'°^ 
fufficient  Boats,  and  keep  the  fame  in  good  and  furlicient  Repair,  and°well  and  fhc'r^mrtdr^ 
fufficiently  attended,  tor  the  Paifage  ot  ail  Travellers,  fliall  forteit  and  pay  Ten  ^"•^"^■'''   "?>=- 
Pounds  for  every  Negled  •,  one  Half  to  the  Informer,  and  the  other  Half  tor  and  "'''^°^  "'" 
towards  ttie  contingent  Charges  of  the  Government :  To  be  recovered,  by  Bill, 
Plaint,  or  Information,  in  the  General  Court  of  this  Province ;    wherein  no  Ef- 
foign,  Protection,  or  Wager  of  Law,  fhail  be  allowed. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Public 
Roads  already  laid  out  or  now  in  Ufe,  or  which  hereafter  fhall  be  laid  out,  fhall  wd!-! 
be  cleared  ot  and  from  all  Trees  and  Bruin,  at  leaft  Ten  Feet  wide,  and  fuch 
Limbs  of  Trees  as  may  incommode  Horfemen,  cut  away  ;  all  Bridges  or  Caufe-  Br^deesandc.uC 
ways  made,  or  to  be  made  over  Swamps,  or  fmall  Runs  of  Water,  the  Pieces  "^'^^^^  ''°*  "  ^^ 
wherewith  the  fame  fhall  be  made,  fhall  be  laid  acrofs  the  Road,  and  at  lead  Ten  "'*''^" 

Feet  long,  well  fecured  and  made  faft,  and  covered  with  Earth ;  and  all  Brido-es 
over  deep  and  navigable  Streams,  fhall  be  made  at  leail  Ten  Feet  wide,  with 
furficient  and  flrong  i^ieces,  at  leaft  Three  Inches  thick,  with  firm  and  Itrong 
Pofts  and  Bearers,  well  fecured  and  faftened. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  the  Pre-  p,eci„a  court. 
cind  Courts  fliall.  Annually,  appoint  Surveyors  of  the  Highways  or  Roads,  who  "  =pp  «"«  Sur- 
are,  by  this  Aft,  obliged  to  fummon  all  Male  Tithables  within  their  Divifions  ""Jt^'^t^-l 
and  Limits,  or  luch  as  have  been  ufed  and  accuftomed  to  work  on  fuch  Roads  and  '''^'''"  *"  '^"■''^ 
Bridges,  to  meet  at  a  Place  and  Time  to  be  appointed  fometime  in  the  Months  of  ""  '^^  ^^°^^^' 
April  and  September,  Yearly,  to  clear  all  Roads,  and  make,  clear,  and  repair  all 

Bridges,  within  their  Limits  or  Divifions  •,    and  alfo  at  any  other  Time  of  the 

Year,  if  Occafion  fhall  require :  And  whofoever  fhall,  upon  fuch  Summons,  re-  p.^ons  negka- 

fufe  or  negleft  to  appear,  or  to  do  and  perform  their  Parts  and  Duties  therein,  '"?  '°  =pp'^'>'' 

the  Surveyor  fhall  caufe  them  to  be  fummoned  to  appear  before  the  next  Magif-  to''f"rfe'irj'rfnr 

trate,  where,  if  he  or  they  cannot  fliew  a  reafonable  Caufe  for  his  or  their  De-  ""'^  '^'>''  ^"-s- 

fault,  he  or  they  fhall  be  fined  Five  Shillings  for  every  Day's  Negieft  ;  to  be  le-  pif^d'  in^-ring' 

vied,  by  Order  of  the  aforefaid  Magiftrate,  by  the  Surveyor,  and  laid  out  in  hiring  i*^'"  >^  t^t- Room 

Men  in  the  Room  and  Stead  of  thole  neglefting:  But  if  it  fhall  happen  that  thofe  Lg^' Or  gifen  to 

Perfons  who  meet  in  Obedience  to  this  Ad,  fhall  perform  the  whole  Work  that  fitinhfrnik" 
fnall  be  necefTary  to  be  done  at  that  Time,  then  all  the  Forfeitures  fhall  be  equally  "  '  /  " 

divided  among  thofe  who  finifhed  the  Work  as  aforefaid.  f-— 

VIII.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  where  the  surveyor,  with 
making  of  Bridges  or  Caufeways  fhall  not  be  judged  proper  to  be  performed  bv  ^"^  '^^''^  °^  '''^ 
the  whole  Company  working  together,  it  fhall  and  may  be  lawful  tor  the  Survey-  '?ree  with  Fer- 
or,  with  One  I'hird  of  the  Company  that  fliall  be  obliged  to  work  thereon,  to  a-  Brldg'°  oTSlr. 
gree  with  any  Perfon  or  Perfons  for  performing  the  fame;  and  the  Surveyor  is  wav,,  and  toiel 
hereby  impowered,  alter  the  Work  is  finifhed,  to  levy  the  fame  equally  and  in-  ^he  wLtl^U- 
differently,  by  the  Poll,  on  all  fuch  as  are  obliged  to  work  thereon,  and  to  make  P^"y- 
Diftrefs,  in  Cafe  of  Refufal  or  Non-Payment. 


%rther  Enacted,  ly  the  Authority  aforefaid.  That  all  Survey-  Surveyors    r?g. 
fhall  negled  or  refufe  to  do  their  Duty  as  is  by  this  Ad  di-  '^^^^i 


IX.  AND  be  it  further 
ors  of  Roads  which 

reded,  or  who  fliall  not  keep  the  Roads  and  Bridges  clear  and  in  Repair,  or  let  for  "eryNegra! 
them  remain  uncleared  or  out  of  Repair,  after  Notice  given  thereof,  for  and  du-   ^- 
ring  the  Space  of  Ten  Days,   unkfs  hindered  by  bad  Weather,    fuch  Surveyor 
fhall  forfeit,  for  each  and  every  fuch  Offence,  the  Sum  of  Forty  Shillino-s,  over 
and  above  fuch  Damages  as  may  be  fuftained  ;  One  Half  of  the  faid  Sum  to  be 
employed  towards  Repair  of  fuch  Road,  and  the  other  Half  to  him  or  thtm  that 

E  will 


1 8  L    ^    /V    S^      of      N  O  R  T.H  -  C  A  R  O  L  I  N 


yi.  D.  1715.    ^jii  f^e  for  tiie  fame:  To  be  recoverecj,  by  Adion  of  Debt,  Bill,  J^laint,  or  ^n- 
^-^"""'^^'''^    formation,  in  any  Court  of  Record  within  this  Government  •,  whcrtin  no  Efibign, 
Injuntlion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 

perC.ns  ex-rrpt.  d      X,  A  1<I  D  bc  it  furthcr  Etiucted,  by  the  Authority  aforefaid.  That  no  Member 

from  working  on  of  the  Council,  or  AfTcmbly,  or  Juftice  of  Peace,  Coroner,  Conftable,  or  Mi- 

Roads.  nifter  of  the  Church  of  England,  fliall  be  compelled  to  work  on  any  Roads  or 

Bridges  ;  neither  fhall  any  Freeholder  be  compelled  to  work  himfelf,  who  fhall 

fend  Three  Perfons,  in  one  Diftrift,  to  work  on  any  Road  or  Bridge  :  Any  Thing 

contained  in  this  Ad  to  the  contrary,  in  any-wife,  notwithftanding. 


CHAP.     XXXVil. 

A?i  ABy   to  e?KOiirage  the  Building  of  Mills. 

I.  'T)  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
13  cibfclute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little  River,  for 
/y?)^  North-Eaft  Part-  of  the  faid  Province-,  and  it  is  hereby  Enacted,  by  the  Au- 
thority of  the  fame.  That  if  any  Ferfon  or  Perfons  fhall  be  defirous  to  build  a 
ouri  Arr.s%or^I  Grift-Mill,  either  Wind-Mill  or  Watcr-Mill,  within  this  Government,  it  fhall  be 
h^rrin'AcreXr  l^wful  for  the  Surveyor-Gencral,  or  his  Deputy,  by  a  Warrant  from  the  Precind: 
aWnd-Miiijio  Court,  to  lay  out,  for  fuch  Perfon  or  Perfons  fo  defiring  to  build  a  Mill,  Two 
the"  own'f'  'fi'r  Acres  of  Land  for  a  Water-Mill,  and  Half  an  Acre  for  a  Wind-Mill,  in  fuch 
the  c  nfid'rati-  Manner  as  for  that  Ufe  fhall  be  molt  convenient,  upon  or  out  of  any  Man's 
co'nve^an^e!''  "Land  ',  which  fiid  Land  fhall  be  appraifed  by  Four  hontft  Men  of  the  Neighbour- 
hood, appointed  by  the  Precind  Court,    who  fhall  make  a  true  Return  of  their 
Appraifment,  upon  Oath,  to  the  fame  Prtcind  Court  -,   and  the  Owner  of  the 
faid  Land,  for  the  Conndtration-Money  by  the  faid  Appraifers  appointed,  fhall 
be  bound  to  make  a  Conveyance  of  fuch  Land  to  him  or  them  that  fhall  build 
fuch  Mill  or  Mills,  their  Heirs  and  Aiiigns,   with  Liberty  of  Ingrefs,  Egrefs, 
and  Regrefs,  to  and  from  the  fume,  under  this  Condition,  and  exprefs  Limitation 
On  Condition      and  Provifion,  That  fuch  Perfon  or  Perfons  to  whom  the  faid  Land  fliall  be  con- 
buiid  fMalTn  2  veyed,   do  ered,    build,    and  finifh,    on  the  Land  fo   conveyed,    a  fubftantial 
Years.    '  Working  Mill,  within  the  Term  of  Two  Years  after  the  Date  of  the  Convey- 

ance ;  otherwife  the  faid  Conveyance  to  be  void,  and  of  none  Effed.  ' 


Owner  of  the 
Land  to  have  the 


II.  P  RO  VID  E  D  always.  That  the  Court  fhall  firlt  give  the  Owner  of  the 
Land  Notice  of  the  Motion  of  any  Perfon  to  build  a  Mill  on  his  Land  ;  and  if 
Preference.         the  Owner  will  givc  Security  to  build  a  fubftantial  working  Mill  on  any  Part  of 
his  Land,  then  the  Motion  of  fuch  Perfon  or  Perfons  is  to  be  rejeded. 

NoPerfon^Or-       HI.  P  R  0  V I D  E  D  alfo.    That  in  the  laying  out  of   the  before-mentioned 
tS"e  in-ilJ'd''''"  Two  Acres,  or  half  Acre,  no  Perfon's  Garden  or  Orchard  be  injured  thereby. 

Perfons  may  ufe       JV.  A  N  D  be  it  further  Enactcd,  by  the  Authority  aforefaid,^  That  whofoever 
ll$"J'ZX  fl^all  build  fuch  Mill  or  Mills,  ffiall  have  Liberty  to  make  Ufe  of  any  Timber 
paying  for  the'  foj-  that  Putpofc  on  any  Lands  adjacent,  making  full  Satisfadion  to  the  Owner 
thereof,  and  to  be  appraifed,  as  is  aforefaid. 

All  M'lis  built  as  V.  AND  be  it  further  Enacted,  That  all  fuch  Mills  as  are  or  fhall  be  built  as 
Pubiic'^nd'To'*  aforefaid,  fhall  be  deemed  Public  Mills,  and  the  Owners  thereof,  or  fuch  as  ufe 
gnniinTurnfor  and  occupy  the  fame,  fnall  be  obliged,  as  loon  as  their  Turn  come  in  Courfe, 
all  Perfons.  ^^  ^^  polTiblv  they  Can,  grind  Wheat  and  Indian  Corn  for  all  fuch  Perfons  as 
^         •  fhall 


LAWS      of     N  O  R  T  H  -  C  A  R  O  L.I  N  A.  I9 

fhall  require  the  failie,  afid  lliall  take  Cdre  that  the  fame- be  forthcoming  again  ^i^- 

to  the  Owner,  on  Demand,  (the  lawful  Toil  only  excepted,)  under  the  ir'enaity    ^^     *^ 

of  double  the  Value  ;  to  be  immediately  levied  by  a  Warrant  from  the  next  Juf- 

tice  of  the  Peace,    and  paid  to  the  r arty  injured;    which  bting  well  ground,  toII  i  sthof 

without  any  P>aud  or  Deceit,  they  Ihall  not  have  or  exac^  any  larger  or  greiitjr  Wncat.&teih 

Toll,  than  one  Eighth  Fart  of  Wheat,  and  one  Sixth  Fart  of /wrf'-vj^  Corn,  un-  ''^^''"'■ 

der  the  Penalty  and  Forfeiture  of  Ten  I'imes  the  Value  of  the  W  heat  or  Corn  fo  penalty  for  tak- 

brought  to  the  Mill  •,  one  Half  to  the  Poor  of  the  Parifh,  and  the  other  Half  to  "^s  ^"s^f  ToU. 

him  or  them  that  fhall  fue  for  the  fame :  To  be  recoveredi  by  Adlion  of  Debt, 

Bill,  Plaint,  or  information,  in  the  Precinfl  Court ;    wherein  no  Injundtion,  or 

VS^'ager  of  Law,  (hall  be  allo-.ved  or  admitted  of. 


CHAP.     XXXVIII. 

An  ASt^  to  appoint  Public  Regiflers,  and  to  di?-eB  the  Method  to  be  ob- 
ferved  in  Conveying  Lands,  Goods,  and  Chattels ;  and  for  preve7iting 
fraudulent  Deeds  ajid  Mortgages. 

I.  TT  7  H  E  R  E  A  S  His  Excellency  the  Palatine,  and  the  reft  of  the  true  and  Grant  fromXordg 
V V     abfolute  Lords  Proprietors,  amongft  other  Privileges  and  Immunities,  »''-''P'->-t  rs,  to 
have  given  and  granted  to  this  their  Province,  to  choofe  Public  Regifters :  In  Rl!gifters^"'''"' 
Purfuance  therefore  to  the  faid  Grant,  and  for  the  better  and  more  effcdual  Pre- 
vention of  fraudulent  Deeds,  Alienations,  and  Mortgages ; 

II.  B  E  it  Ena^ed,  hy  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfchcte  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  with  the  Advice  ' 
and  Confent  of  the  refi  of  the  Members  cf  the  General  Affembly,  new  met  at  Little 
River,  for  the  North-Eaft  Part  of  the  faid  Province^  and'-his  hereby  Enacted,  by 

the  Aulhori4y  of  the  fame.  That  it  fhall  and  may  be  lawful  for  all,  or  the  major  Three  FreehoU- 
Part  of  the  Inhabitants  and  Freemen  of  each  Precinct,  (who  are  qualified  to  vote 
in  the  Eleftion  of  BurgefTes,)  to  meet,  the  Firft  Day  di  April  next,  at  the  ufual 
Place  for  Eleftion  of  Surgeifes,  then  and  there,  by  a  Majority  of  Votes,  to  eleft 
Three  Freeholders,  as  Candidates  for  the  faid  Office ;  of  which  faid  Candidates  fo 
to  be  elected,  the  Provoft-Marfnal  of  each  Preciad,    or  his  Deputy,  (who  are  '°  ^""^^  '^""■■•'^ 
hereby  required  to  attend  fuch  Eledtions,)  fhall,  within  Twenty  Days  alter,  make  tou're'c^viemor" 
Return  to  the  Governor  or  Commander  in  Chief  tor  the  Time  being,  under  the  ""'^'''  ''"'^'^y  "^ 
Penalty  of  Five  Pounds  for  every  fuch  Negleft ;    and  .the  Govenior  or  Com.-  ^  ' 
mander  in  Chief,  with  the  Advice  of  the  Lords  Proprietors  Deputies,  Hiall  make  Governor  to 
Choice  of  one  of  fuch  Candidates  fo  eleCted  as  aforelaid,  who,  being- ccmmiiTion-  '^°'"'"''^''"^'« . . 
ed  under  the  Hand  and  Seal  of  the  Governor  or  Commander  in  Chief,  fliall  be  teT.  °  ^   ^^"' 
thereby  inveftcd  with  the  Office  of  Regifcer  of  Deeds  ;  and,  until  there  ii)e  a  Clerk 
of  the  Parifh  Church,  of  Births,  Burials,  and  Marriages. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  and  PuWIc  Rpgukr 
every  Public  Regifter  fo  chofcn  and  commiifTioned,  fhall,  within  Three  Months  f  g"": B.iid  .n  3 
after  he  fliall  enter  upon  his  Office,  give  Bond,  with  Two  good  and  fufficient  Se-  Pou"ndsto'r"fauh- 
curitics,  to  his  Excellency  the  Palatine,  and  the  Lords  i  roprietors,  in  the  Sum  {""'  qJ^^'"'^^  °^ 
of  One  Thoafand  Pounds,  for  the  faithful  Difcharge  of  his  Office;  which  Bond  b  nd  w  he  given 
fhall  be  given  before  die  Juflices  of  the  Precind  whereof  the  Party  fhall  be  ao-  '"'"'•"'"■^Pf  ■■> 

■,   iP      -n  1  11-  1        /-A--  /-I  r  •   1    ^  ^   .        .^  "      '"'°    reii.rded    in 

pointed  Rtgilter,  and  recorded  m  the  Ortice  or  the  laid  Court,  and  alfo  in  the  ^^  '^■nft  and  se- 


ers  to  be  eltitcd. 


Provoft-M.irfJial 


lall  be  given  before  die  Juftices  of  the  Precind  whereof  the  Party  fhall  be  ap-  ^"^"^1" 

ointed  Rtgifler,  and  recorded  in  the  Office  of  the  faid  Court,  and  alfo  in  the  ^^  '^■nft 

Secretary's  Office,  and  the  Original  repofited  in  the  Hands  of  the  Governor  or  '^J"'>''  ^'^- 

Commander  in  Chief:    And  whoever,   after  the  faid  Firfb  Day  o'i  April,  fhall  Ogmaitohe 

officiate  in  the  faid  Office  longer  than  Three  Months  without  giving  fuch  Secu-  ven^r!''"'*^''* 

rity 


20  L^^S     of    North-Carolina. 


not 


rity  as  aforefaid,  he  or  they  fo  offending,  fhall  torfeit  and  pay  the  Sum  of  Twenty 
Pounds ;  one  Half  to  the  informer,  and  the  other  Halt  to  the  Poor  of  the  Pa- 
riih  or  Precindt. 


Pro»:fo.  IV,  PROVIDED  always^  That  every  Perfon  or  Perfons  who  now  afV  ia 

the  afor.  Lid  Office  within  any  Precind  of  this  Government,  fhall  be  and  continue 
in  the  fame  until  fuch  Choice  fhall  be  made  and  confirmed  as  is  before  by  this 
Act  dircded ;  when  they,  and  every  of  them,  are  hereby  required  and  com- 
manded to  deliver  to  the  Public  Regifter  of  their  Precind  fo  elefted  and  con- 
firmed, all  Papers  and  Records  which  fhall  be  in  their  Cuftody,  that  do,  of 
Rio-ht,  belong  and  appertain  to  the  faid  Office,  under  the  Penalty  of  Fifty  Pounds. 

No  Conveyance        V.  AN D  he  It  further  EnaSled^  by  the  Authority  aforefaid.  That  no  Convey- 
M  n-a^'  ""^r  ance  or  Bill  of  Sale  for  Lands,  (other  than  Mortgage,)  in  v/hat  Manner  or  Form 
unitfs"  acknow-  foever  drawn,  fhall  be  good  and  available  in  Law,  unlefs  the  fame  fhall  be  ac- 
Sed^khma  knowledged  by  the  Vendor,  or  proved  by  one  or  more  Evidences,  upon  Oath, 
Months.     '    '  either  before  the  Chi^f  Juftice  for  the  Time  being,  or  in  the  Court  of  the  Pre- 
cind  where  the  Land  lieth,  and  regiftred  by  the  Public  Regifler  of  the  Precindt 
where  the  Land  litth,  within  Twelve  Months  after  the  Date  of  the  faid  Deed  ; 
Deeds  fo  executed  ^^^  ^^^^^  all  Decds  fo  done  and  executed,  fhall  be  valid,  and  pafs  Eftates  in  Land, 
'°  ^  "* ' "         or  Ria;ht  to  other  Eftatt,  without  Livery  of  Seizin,  Atturnment,  or  other  Cere- 
mony in  the  Law  whatfocvcr. 

De'ds  already         VI.  P ROFIDED  always.  That  all  Deeds  or  Conveyances  of  Lands,  Te- 

psiTed,  for  villi-  nements,  or  Hereditaments,  Goods  or  Chattels,  which  are  already  pafTed,   and 

tfons,  andregif".  regiflrcd,  or  which  fliall  be  regiftred  within  one  Year  after  the  Ratification  of  this 

tr.=d  with  n  a      ^^^  ^^^  which  B.  good  and  valuable  Confideration  has  been  adually  and  hna  fide 

tool'.     '"'"     paid,  lliall  be  good  and  available  in  Law  and  Equity,  to  Purchafers,  and  their 

Heirs,  a^yainfl  the  Vendors,  and  thtir  Heirs,  and  all  others  claiming  by,  from, 

or  under  them,  in  as  full  and  ample  Manner,  to  all  Intents,  Conftrudions,  and 

Purpofcs,  as  if  fuch  Title  had  been  made  either  by  Fine,  Common  Recovery, 

Livery  of  Seifm,  .Atturnment,  or  any  other  Ways  ufed  and  pradifed  within  the 

Kingdom  of  Great-Britain. 

D--dsmndein          VII.  AND  be  it  further  EuaSfcd^  by  the  Authority  aforcfaid.  That  all  Deeds 

pr'verrlbeforf,  snd  Convcyanccs  of  Land  lying  within  this  Government,  made  in  Foreign  Parts, 

or  ba.ie  the  '  which  fliall  be  remitted  hither,  and  proved  before  the  Chief  Juftice,  or  Court  of 

Snyc'tyf^!!  the  Precind  where  the  Land  lieth,  in  Manner  as  before  direded  •,  or  which  fhall 

or  Governor  of  jjg  perfonally  aclcnowlcdgcd  or  proved  before  the  Chief  Magifbrate  of  any  City, 

and  atr'fter'un-  Town,  or  Corporation,  within  the  King  of  Great-Britain's  Dominions,    and  an 

der  the  Pubi.c      Attcftation  thereof  affixed  thereto  ;  or  which  fhall  be  acknov/ledged  or  proved 

md'w"hinT'^'  before  the  Governor  or  Commander  inChief  of  any  his  Majelly's  Plantations,  and 

^d' valid  *"  ^°°''  attefted  under  the  Public  Seal,  and  regiflred  in  the  aforefaid  Ofiice  of  the  Precind 

where  the  Land  lieth,  within  one  Year  after  the  Arrival  of  fuch  Deeds ;  fliall  be 

good  and  valid  in  Law,  to  all  Intents  and  Purpofes,  as  if  made  and  executed 

within  this  Government. 

VIII.  AND  for  the  avoiding  and  abolifhing  of  feigned,  covinous,  and  frau- 
dulent Feoffments,  Gifts,  Grants,  Alienations,  Conveyances,  Bonds,  Suits,  Judg- 
ments, and  Executions,  as  well  of  Lands  and  Tenements,  as  of  Goods  and  Chat- 
tels, which  of  late  have  been,  and  ftill  are  devifed  and  contrived,  of  Malice, 
Fraud,  Covin,  or  CoUufion,  to  the  End,  Purpofe,  and  Intent,  to  delay,  hinder, 
and  defraud  Creditors  and  others  of  their  jufl  and  lawful  Adions,  Debts,  and 
Fccffment5,cifis  Accompts ;  //  is  hereby  further  Enabled,  That  all  and  every  Feoffment,  Gift, 
cff.  made  'for  Grant,  Alienation,  Bargain,  and  Conveyance  of  Lands,  Tenements,  Heredita- 
ments, Goods  and  Chattels,  or  of  any  of  them,  by  Writing,  or  otherwife  j  and 

all 


Zi-^//^.So/NoRTH-CAROLINA.  2i 

all  and  every  Bond,  Suit,  Judgment,  and  Execution,  at  any  Time  had  or  made    ^-  ^    '715. 
fince  the  Firft  Day  o^  January^  Anno  Domini  17 14,  or  at  any  Time  hereafter  to  .l^^d^iil^ 
be  had  or  made,    to  or  for  any  Intent  or  Purpofe  laft  bttore  declared  and  ex-  iit-^n'-  ''>■"  be 
prefled,  fhall  be,   from  henceforward,    deemed  and  taken,  (only  as  againft  that  fv  pTtmak- 
Perfon  or  Perfons,  his  or  their  Heirs,  Executors,  Adminiilrators,  and  AlTlgns,  '"sthefime. 
and  every  of  them,  whofe  Anions,  Suits,  Debts,  Accompts,  Damages,  Penalties, 
and  Forfeitures,    fhall  releafe  by  fuch  covinous  or  fraudulent  Devices  and  Prac- 
tices, as  is  aforefdid,  or  fhall  or  might  be,  in  any-wife,  difburbed,  hindered,  de- 
layed, or  defrauded,)  to  be  clearly  and  utterly  void,  fruftrate,  and  of  no  Effect ; 
any  Pretence,  Colour,  feigned  Confideration,  expreffing  of  Ufe,  or  any  Matter  or 
Thing  to  the  contrary,  notwithftanding. 

IX.  AN D  he  it  further  Enabled,    by  the  Authority  aforcfaid^    That  all  and  Pirties  to  fuch 
every  the  Parties  to  fuch  feigned,    covinous,    or  fraudulent  Feoffments,    Gifts,  ''•'"<'"'':'"  i^  ^^ds 
G^-ants,  Alienations,  Bargain,  Conveyance,  Bonds,    Suits,   Judgments,  Executi-  lu'etLt^'f.'  *" 
ons,  or  other  Things  before  expreffed,  and  being  privy  and  knowing  of  the  fame, 

or  any  of  them,  which  at  any  Time  after  the  Firft  Day  of  Aiigufi  next  comino-, 
fhall,  wittingly  and  wiUingly,  put  in  Ufe,  maintain,  avow,  juftify,  or  defend 
the  fame,  or  any  of  them,  as  true,  fimple,  and  done,  had,  or  made  bona  fide^ 
and  upon  good  Confideration ;  or  fhall  alien  or  afBgn  any  the  Lands,  Tenements, 
Goods,  or  Things  before-mentioned,  to  him  or  them  conveyed,  as  is  aforelaid, 
or  any  Part  thereof;  fhall  incur  the  Forfeiture  of  the  real  Value  of  the  Lands 
and  Tenements,  Goods  and  Chattels  -,  One  Moiety  thereof  to  the  Lords  Proprie- 
tors, and  the  other  Moiety  to  the  Party  grieved,  and  intended  to  be  defrauded 
thereby. 

X.  P RO FID E D  al-zvays,  and  be  it  further  Enacted,  by  the  Authority  afore-  Not  to  make 
faid.  That  this  Aft,  nor  any  Thing  herein  before  contained,  fhall  not  extend  or  ^""i any  convey. 
be  conflrued  to  impeach,  defeat,  or  make  void  any  Conveyance  or  Afliirance,  In-  made.^"""  ^''^ 
terefl.  Limitation  of  Ufe,  or  Ufes,  of,  in,  to,  or  out  of  any  Lands  or  Tenements 
heretofore  at  any  Time  had  or  made,  or  hereafter  to  be  bona  fide  made,  upon  and 

for  good  Confiderations,  to  any  Perfon  or  Perfons  whatfoever  ;  any  Thing  before 
mentioned  to  the  contrary,  notwithftanding. 

XI.  AND  for  the  Prevention  of  Frauds  by  double  Mortgages  and  Convey-  Mortgage  «,« 
ances  of  Lands,  Negroes,  Goods,  and  Chattels;   Be  it  further  Enabled,   by  the  EdMe'firft 
Authority  aforefaid.  That  every  Mortgage  of  Lands,    Tenements,    Goods,    or  Mongag=-^ 
Chattels,  which  fhall  be  firft  regiftred  in  the  Regiftcr's  Office  of  the  Precind  where 

the  Land  licth,  or   of  Goods  and  Chattels  where  the  Mortgager  liveth,  fhall  be 
taken,  deemed,  judged,  allowed  of,  and  held  to  be  the  firft  Mortgage,  and  to 
be  good,  firm,   fubftantial,  and  lawful,  in  all  Courts,  of  Juftice  within  this  Go- 
vernment; any  former  or  other  Mortgage  of  the  fame  Lands,  Goods,  or  Chattels,  UniefsfitftMort- 
not  before  regiftred,  notwithftanding;    unlefs  fuch  prior  Mortgage  be  regiftred  fn'^'^oo/?"^'^ 
within  Fifty  Days  after  the  Date.  '"  ^°   "'^'' 

XIT.  PROVIDED  always,  and  be  it  further  Enabled,  by  the  Authority  a-  if  more  Mort- 

f-orefaid.  That  in  Cafe  more  than  one  Mortgage  fhall  happen  to  be  made  and  be  fucras^'haVnot 

in  Force  at  one  Time,  of  the  fame  Lands  and  Tenements,  Goods  and  Chattels,  regiftred,   may 

the  fcveral  Mortgagees  which  have  not  regiftred  their  Mortgages,  their  Heirs,  Tre' pvtgVrL'.' 

Executors,  Adminiftrators,  or  Affigns,  fhall  have  Power  to  redeem  any  Mort-  ''p^''  '^'' 
g;}ge  or  Mortgages  regiftred,  upon  paying  the  principal  Debt,  Intereft,  and  Cofts 
of  Suit,  to  the  prior  Mortgagee  or  Mortgagees,  their  Heirs,  Executors,  Admi- 
niftrators, or  Affigns  :  And  as  a  Punifhment  for  fuch  intended  Fraud  or  Covin, 

every  Perfon  or  Perfons  which  fliall  mortgage  the  fame  Lands,  Tenements,  Goods,  Td  Mortgage!"!.' 

.01-  (^1:>attcls,  a  Second  Time,  a  former  Mortgage  being  in  Force  and  not  difcharg-  'ftbdng  nForce, 

ed,  fhall  have  no  Power  or  Liberty  of  Redemption  in  Equity  or  otherwife.  in  Equity  ^'^"' 

F  XIII.  PRO' 


22  L  A  py  S     o/'North-Carolina. 

XIIL  P ROVIDED  alfo.  That  nothing  in  this  Acl  contained  fhall  be  con- 
rf:,w  fr.-iT>i>)wcr,  ftrued,  dccmed,  or  extended,  to  bar  any  Widow  of  any  Mortgager  of  fuch  Lands 
■il^  the  Deed,  Gfir"  or  Tenements,  from  her  Right  of  Dower  to  the  faid  Land,  who  did  not  legally 

join  with  her  Hufband  in  fuch  Mortgage,  or  otherwife  bar  or  exclude  herfelf 

from  fuch  her  Dower  or  Right. 

Frft  Mortgagee  XIV.  JND  he  it  further  Enacted,  by  the  Authority  afore  faid.  That  every 
T:ulb!f..re?se!  pnor  i-'urchafer,  or  Mortgagee,  of  any  Lands  or  Tenements,  Goods  or  Chattels, 
Adv-'nta° et^h s  "^hich  lliail  not,  before  tne  Firft  Day  of  January,  iyi6,  regifter  his  Title  or 
Purchafe.  '  Mortgage  as  aforefaid,  if  after  that  Time  a  Second  Deed  of  Sale,  Conveyance,  or 
Pviortgage,  be  regiftred  before  the  Prior,  fuch  Perfon  fo  neglefting  fhall  take  no 
Advantage  or  Benefit  of  fuch  Purchafe  or  Mortgage  already  figned  and  fealed. 

Public  Regifter,  XV.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Re- 
Snlh^'wk'  to  gi^er  aforefaid  of  every  Precinft,  when  there  is  no  Clerk  of  the  Church  in  that 
regifter  Births,  J:  rccind,  fhall  regifter  all  Births,  Marriages,  and  Burials,  within  the  Precindt 
Bumisf"'    '""^  whereof  he  is  Regifter  -,  and  that  every  Mailer  or  Miftrefs  of  a  Family  who  fhall 

negle6t  to  regifter  the  Birth  or  Death  of  any  Perfon  born  or  dying  within  his  or 
Pcrfons  negieft.  j^gj-  Houfe  or  Plantation  •,  and  every  married  Man  who  fliall  negle6t  to  remit  to 
foffe't"  iT'  p'er  the  faid  Regifter  a  Certificate  of  his  Marriage,  and  caufe  the  fame  to  be  regiftred. 
Month,  to  the  fQj-  Jongcr  than  one  Month  ;  each  Mafter  or  Miftrefs,  or  married  Man,  fo  neg- 
exceed'zo  s?°'  "  leding,  ihall  forfeit  and  pay,  to  the  faid  Regifter,  One  Shilling  fer  Month  for 

every  Month  fo  neglefted  ;  provided  the  whole  do  not  exceed  Twenty  Shillings. 

Penalties  how  to       XVL  AN !>  be  it  fuvther  EnaElcd,  by  the  Authoftty  aforefuid.  That  all  Penalties 
e  recovered,       ^^^  Forfeitures  in  this  A6t  mentioned,  fliall  be  recovered,    by  Bill,  Plaint,  or 
Information,  in  any  Court  of  Record  in  this  Government ;  wherein  no  Injundion, 
Protedion,  or  "Wager  of  Law,  fliall  be  allowed  or  admitted  of. 


CHAP.     XXXIX. 

fni\'! x-]^i  An  Act,  concerning  Weights  and  Meafures. 

Chap.  17, 


C  H  A  P.    XL. 

Staple  Commodities  Rated.     O  B  S. 


CHAP.    XLI. 

An  ABj  to  a/certain  the  Hime  for  Payment  of  Fork,  Wheat,  and  Indian 

Corn.     O  B  S. 


CHAP. 


LA   JV  S    of    North-Carolina. 


2^ 


.1.  ^.    1715. 


CHAP.     XLII. 

An  A6ti  to  af certain  the  Gauge  of  Barrels^  and  to  prevent  Frauds  in  Fork 

Beef  Pitch,  and  Tar. 

I.  "O  ^  ^^  Enacled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
'  J3  abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the 
Advice  and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly  now  met  at 
Little  River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  En- 
a^cd,  by  the  Authority  of  the  fame.  That  from  and  aft^r  the  Ratification  of  this  Barrels  hov 
Adl,  no  Cooper  or  other  Perfon  whatfoever  making  Cafk,  fhuU  expofe  to  Sale  '^"'^''  '"  '^"i''' 
any  Barrels  or  half  Barrels  for  the  holding'  of  Beef,  i^rk.  Pitch,  Tar,  or  Train  ml^"''  '°  *" 
Oil,  but  fliall  contain  and  hold  Thirty  One  Gallons  and  a  Half  each  Barrel,  and 
Fifteen  Gallons  and  Three  Quarters  each  Half  Barrel :  And  all  Barrels  and  Half 
Barrels  which  fhall  be  expofcd  to  Sale,  Iliall  be  made  of  Timber  feafoned  at  leafl 
Six  Months  after  the  riving  the  Staves,  not  lefs  than  half  an  Inch  thick  when 
wrought,  the  Heading  not  lefs  than  Three  Quarters  of  an  Inch  thick,  and  well 
dowelled  ;  Twelve  good  fubflantial  PIoops  on  each  Cafk,  and  the  whole  to  be 
tight  and  workman-like  :  And  every  Cooper  making  Barrels,  or  half  Barrels,  or  Bnnd-M^rk  to 
any  other  Perfon  making  the  fame,  before  they  deliver  or  expofe  the  fame  to  Sale,  Snd^Kcorder' 
fhall  fet  his  or  their  proper  Brand-Mark  upon  every  Barrel  or  half  Barrel ;  which 
Mark  he  or  they  fliall  caufe  to  be  recorded  in  the  Office  of  the  Precind  where  he 
or  they  Ihall  refide  or  dwell. 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Cooper  Cop=rto  forfeit 
or  other  Perfon  expofmg  to  Sale  any  Cafk  not  agreeable  to  the  Direftions  of  this  Sach  otiJZ 
Ad,  fhall,  for  every  Offence,  forfeit  the  Sum  of  Six  Shillings  and  Eight  Pence, 

and  theCaflc  or  Barrel  fo  deficient  -,  and  for  not  recording  his  or  their  Brand,  the  F"  "ot  recording 
Sum  of  Twenty  Shillings  i  One  Half  to  the  Churchwardens  and  Veflry,  for  the  ^'' ^"'''  -°'' 
Ufe  of  the  Parifli,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the  fame, 
before  any  Juftice  of  the  Peace. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  upon  Com-  Juftice,  on  Com- 
plaint made,  upon  Oath,  or  folemn  Affirmation,  by  any  Perfon  or  Pcrfons,  to  Srk'  S'^'if  * 
any  Juflice  of  the  Peace  in  this  Government,  That  he  hath  received  of  any  Per-  "'ercLnt3bie"to 
fon  or  Perfons,  any  Beef,  Pork,  Pitch,  Tar,  or  Train  Oyl,  that  is  not  merchant-  iflFre!!!^ 
able  and  good  in  its  Kind  j  or  is  not  in  good  and  fufficient  Cafk,  as  is  by  this  t°vi"v  the  fame. 
Law  appointed  i  or  that  the  Perk  is  deceitfully  packed  up,  or  contains  more  piamfb^MHo 
Heads  than  is  by  Law  allowed,  or  that  there  is  Boars  Flefh  mixed  or  packed  there-  '''■<'<='■  do"We  ba- 
in, or  that  the  Meat  is  not  well  faved  or  falted  fit  for  Exportation ;  or  that  the  ^n^grieved^ 
Beef  is  mixed  with  Bulls  Flefh,  Shanks,  Marrow-Bones,  or  Heads,  or  in  any-  '^c  Vaiue  of 'the 
wife  defeftive  and  not  merchantable  ;  fuch  Juftice,  upon  all  or  any  of  thofe  Com-  fhJ  ufe^o/tL 
plaints,  fhall  ifTue  his  Warrant,  directed  to  Two  reputable  Freeholders,  Who.  fhall  ''''''''• 

view  the  fame,  and,  upon  their  Oath,  fhall  make  Report  thereof,  an4  of  the 
Damages,  to  the  fame  Juftice  that  iffued  his  Warrant ;  and  if  the  Compkiint  fhall 
appear  to  be  juft,  he  Ihall  immediately  order  double  Damages  to  the  Party  injured, 
and  the  Value  of  fuch  Pork,  Beef,  Pitch,.  Tar,  or  Oyl,  fliall  be  forfeited  to  the 
Churchwardens  and  Vcftry,  for  the  Ufe  of  the  Parifli  where  fuch  Offender  lived 
or  refided. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Forfei-  Forfeitures  toh« 
tures  that  fliall  become  due  by  Virtue  of  this  Act,  fhall  be  fued  for  within  Ten  ^^^^  for  in  10 
Days  after  the  receiving  of  fuch  Caflc,  Beef,  Pork,  Pitch,  Tar,  or  Train  Oyl,  ^"^'' 

and  not  after. 

CHAP. 


24  L-^/TiSo/"    North-Carolina. 


CHAP.    XLIII. 


Rep.  wAa,^-  An  AB^  to  appoint  the  Marking  ofHorfeSy  Cattle,  and  Hogs y  and  to  pre- 
chlp.'s!"**"  '^ent  Injuria  being  done  by  killing,  7nifmarkingy  driving  away,  or  de* 

Jiroying  Peoples  Stocks, 


CHAP.    XLIV. 

Ska&Nov  17,  jin  AB,  to  appoint  'Toll-Books  to  be  kept  at  or  near  Catherine' j  Creek,  in 

i^9>     »P'  5-       Chowan  PrecinSf,    at  the  Head  of  Pequimons  PrecinSl,    and  at  the 

Mouth  of  the  North-weft  River,  in  Currituck  PrecinB ;  and  to  prevent 

Perfons  from  tranfporting  or  driving  Horfes,  Cattle,  or  Hogs,  to  other 

Perjons  Lands. 

I.  "TT  T  H  E  R  E  A  S  divers  Perfons,  Inhabitants  oi  Virginia,  frequently  coming 
VV  ^'^'^^  ^^^^  Government  to  purchafe  Cattle  or  Hogs,  it  may  be  greatly 
feared  they  may  drive  away  Cattle  or  Hogs  which  they  have  not  purchafed ;  and 
whereas  divers  Perfons,  as  well  Inhabitants  of  this  Government  as  of  Virginia,  dp 
very  often  drive,  lead,  or  carry  Horfes,  Cattle,  or  Hogs,  to  other  Perfons  Lands, 
where  they  fuppofe  is  better  Herbage  or  Maft  than  on  that  whereon  they  are 
Dwellers  :  For  Prevention  whereof ; 

II.  B  E  it  Enabled,  hy  his  Excellency,   the  Palatine,  and  the  reft  of  the  true  and 

abfclute  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  ivith  the  Advice 

and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little 

River,  fpr  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 

ToU-Bookstobe  the  Authority  of  the  fame.  That  there  Ihall  be,  at  Catherine" %  Creek,  in  Chowan 

'"•'P''  Precind,  at  the  Head  of  Pequimon  River,  and  at  the  Mouth  of  the  'North-weft 

River,  in  Currituck  Frecindl,  Perfons  appointed  by  the  Governor  or  Commander 

All  Cattle,  t£(,  i"  Chief  for  the  Time  being,  to  keep  Toll-Books  \  and  all  Perfons,  whether  Driv- 

to  be  entered,'  ers,  Purchafers,  or  Owners  of  Cattle  or  Hogs,  Ihall  be  obliged  to  entrr  in  the 

f^chSc,  &c.  Toll-Book  every  Beaft  or  Hog,  with  their  Mark  and  Diftinftion,  and  of  whom 

or4os,    '        purchafed:  And  that  what  Perfon  foever  Ihall  drive  Cattle  or  Hogs  to  Virginia, 

and  fhall  negled  to  enter  the  fame  in  the  refpedive  Toll-Books,  according  to  this 

Ad,  fhall  forfeit  every  fuch  Beaft  or  Hog  which  fliall  be  fo  omitted  as  aforefaid  ; 

and  if  fuch  Beaft  or  Hog  be  not  to  be  had,  the  Perfon  fo  omitting  ftiall  forfeit 

and  pay  the  Sum  of  Forty  Shillings  ;  to  be  recovered  by  a  Warrant  from  the  next 

tice  of  the  Peace. 


Sot  rntring  every       HT-  A  N D  be  it  further  Enacted,  That  every  Purchafer,  Owner,  or  Driver  of 
Beaft,  z  d.  and  Cattle  aad  Hogs,  fhall  pay,  unto  the  Perfon  fo  appointed  to  keep  the  faid  ToU- 

erery  Hog,  i  d.    ^^^^^    ^^^  p^^^^    ^^^    ^^^^  g^^^^    ^^^  q^^  p^^^^^^  ^^^   ^^^^^  j^^^^    ^Y{\c\i  fhall 

be  fo  driven  and  entered  in  the  faid  Toll-Book. 

No  Perfon  to          I^.  AND  he  it  further  Ena^ed,   by  the  Authority  aforefaid.  That  if  any  Per- 

drive  Stock   to  foft  or  I*erfons  whatfbever,    either  inhabiting  in  Virginia  or  this  Government, 

pTople^L^nd^r  ^^11'  after  the  Ratification  of  this  Ad,  prefume  to  drive,  lead,  tranfport,  or  car- 

".'"■  no  P'^rfon  to  ry  any  Cattle,  Horfes,  or  Hogs,  to  range  upon  any  Perfons  Lands,  fhall  forfeit 

p^naitj  of^oT  and  pay  the  Sum  of  Ten  Pounds :  And  that  no  Perfon  or  Perfons  whatfoever^ 

inhabiting  in  this  Government,  fhall  give  Leave  to  any  other  Perfon  or  Perfons, 

either  Inhabitant  or  Foreigner,    to  turn  loofe,  drive,    or  put  on  his  Land^.  any 

Horfes,  Cattle,  or  Hogs,  under  the  like  Penalty  of  Ten  Pounds. 

V.  AND 

f 


LA     W    S      of     N  O  R  T  H  -  C  A  R  O  t  I  N  A. 


-^J 


^.   D.    17,5. 

V.  AND  le  it  further  Enacted^  hy  the  Authority  afcrefaid,^  That  no  Foreigner  n^T^hvT^ 
vvhatfoever,  either  by  Confent  or  Permiflion  of  any  other  Perfon  or  Pcrfons  in-  '"^"^  ^^"^'^  '"t" 
habiting  in  this  Government,  or  otherwife,  fhall  prefume  or  offer  to  drive,  lead,  Winte^  ™"pe! 
or  bring  into  this  Government,  any  Stocks  of  Cattle,  Hogs,  or  Horfv-s,  within-  "^''y  "f  20I, 
tention  to  Winter  them   here,  or  to  deftroy  the  Herbage  or  Mail ;    under  the 

Penalty  of  Twenty  Pounds:  And  it  is  hereby  meant  and  intended,  and  fo  fhall  Nnnstobedeem- 
be  underftood  and  taken,  that  no  Perfon  fhall  be  deemed  an  Inhabitant  that  holds  who^do''not're- 
Lands  by  Entry,  Survey,  or  Patent,  but  fuch  as  aftually  and  conftantly  relide  on  ^^"^  ""  their 
fuch  Lands,  or  keep  the  fame  always  tenanted,  cultivated  and  improved.  them  tenamed.'^ 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Ranger  Ranger,  ©"r.  to 
of  each  Precinft  or  Divifion  where  fuch  Offence  fhall  be  committed,  or  on  his  ""'  ^  '^''''^^' 
Default,  the  Keeper  of  the  Toll-Book,  is  hereby  appointed  to  make  Diftr^fs  of 

fuch  Cattle,  Hogs,  or  Horfes,  of  any  Perfon  or  Perfons  offending  ;  the  orie  Half 
of  which  Fine  or  Forfeiture  fhall  be  to  the  Ranger,  or  Keeper  of  the  Toll-Book, 
whichfotvf  r  fliall  make  the  Diflrefs,  and  the  other  Half  to  the  Churchwardens  and 
Veftry,  for  the  Ufe  of  the  Parilh  where  the  Offence  fliall  be  committed. 

VII.  AND  be  it  further  E',Tactcd,  by  the  Authority  aforefaid.  That  all  Fines  Penalties  how  to 
and  Forieitures  in  this  Att   mentioned,  and  not  herein  and  liercby  exprelly  and  ^^  ')ii"p<  ffi,  and 
particularly  mentioned  to  whom  they  fhall  be  paid,  and  h6w  to  be  recovered,    "^"^  '^"^"^  • 
fhall  be,  one  Half  to  the  Churchwardens  and  Veftry,  for  the  Ufe  of  the  Parifh 

where  the  Offence'  fhall  be  committed,  and  the  other  Half  to  him  or  them  that 
fhall  fue  for  the  fame,  in  any  Court  of  Record  in  this  Government,  by  Bill,  Plaint, 
or  Information ;  wherein  no  Effoign,  Protection,  Wager  of  Law,  or  Injunction, 
fhall  be  allowed  or  admitted  of. 


CHAP.     XLV. 

What  Fences  arefiffficiejif. 

I-  "D  ^  ^'^  Enacted,  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and 
jt5  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  reft  of  the  Members  of  the  General  Affcmbly,  now  met  at  Little  River,  for 
the  North-Eaft  Fart  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Au- 
thority of  the  fame.  That  every  Planter  fhall  make  a  fufhcient  Fence  about  his  Fence.,  how  to  be 
cleared  Ground  Five  Feet  high,  and  the  End  of  every  Rail  not  to  be  above' Four  '"'^'■ 
Inches  afunder,  until  the  Fence  be  Three  Feet  high  from  the  Ground  •,  wl\ich,  if 
any  Perfon  be  deficient  in,  whatfoever  Trefpafs  or  Damage  fuch  Perfon  fhall  fuf- 
tain,  by  Horfes,  Hogs,  or  Cattle,  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle, 
fhall  not  be  liable  to  any  Aftion  of  Trefpafs,  or  to  make  Satisfadion  for  fuch  • 
Injury. 

II.  AND  be  it  further  Enacted,  That  if  any  Perfon,  whofe  Fence  is  infufBcient,  Pofons  not  hav-, 
fhall,  with  Guns,  Dogs,  or  otherwife,  unreafonably  chafe,  worry,  maim    or  kill  '"eiiwfuiFences, 
any  Cattle,  Hogs,  or  i-forfes,  or  caufe  the  fame  to  be  done,  fuch  Perfon  fo  of-  SL^t^S: 
fending  fhall  make  full  Satistadion,  for  fuch  Damages  or  Injury,  to  the  Owner  ^""^  '*''  ''""■"' 
of  fuch  Horfes,  Hogs,  or  Cattle,  as  he  fhall  thereby  fuflain ;  to  be  recovered    „        . 
by  Aftion  of  Debt,  in  the  Court  of  the  Prccinft  wherein  fuch  Injury  fliall  be  com-  "rcT      "" 
mitted,  wherein  the  Teilimony  of  one  Witncfs  fhall  be  fufficient  Proof ;  provided 
the  Damages  do  amount  to  above  the  Value  of  Forty  Shillings ;  but  in  Cafe  the 
Damages  be  lefs  than  Forty  Shillings,  then  the  fame  fhall  be  triable  and  determi- 

^  nable 


26  Lj4ff^S    of    North-  Ca  r  o  l  i  n  a. 


^  £>.  1715-  nable  by  and  before  Juftices  of  the  Peace  only,  as  by  the  Aft,  intituled,  Jn  Act, 
^^^^i^^^r^^  for  the  Trial  of  fmall  and  mean  Caufes^  is  directed  :  But  in  Cafe  any  Horfe,  Hogs, 
the  Fence  Is  fuf-  or  Cattle,  flull  trefpafs  upon  any  Perfons  Land  whofc  Fence  fliall  be  fufficient, 
mtde'good'by  the  according  to  the  Diredions  of  this  Aft,  which  fhall  be  determined  by  any  Two 
Owner  of  the  fufficiefit  Ffceholders  of  the  Neighbourhood,  indifferently  chofen,  and  fworn  be- 
Horfe,  ©"<.        ^^^.^  ^^^^^  Magiftrate ;  then  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle,  fhall 

make  full  Satisfaction  for  the  Trefpafs,  to  the  Party  injured ;  to  be  recovered  in 

fuch  Manner  as  is  herein  before  by  this  A6t  directed. 

Unruly  Horfes,        HI.  AN  D  be  it  further  EnaEled^  by  the  Authority  afcrefaid.  That  every  Perfon 

Gfc.  breaking  in  whofc  Hotfe,  Marc,  or  Gelding,  fhall  break  into  any  inclofed  Grounds,  fenced 

to  be"  kept  "^up"    Sccording  to  the  Direftions  of  this  Ad;,  fuch  Perfon  or  Perfons  fhall  be  bound  to 

itom  March  \o,  j^ggp  ^(p  fuch  unruly  Horfc,  Mare,  or  Gelding,  from  the  Tenth  Day  of  iVf^rr;?', 

until  the  Tenth  Day  of  November,  Yearly  ;    under  the  Penalty  of  paying  double 

Damages,  with  Cofts,  to  the  Party  injured,  for  the  Second  Offence  or  Trefpafs, 

and  for  the  Third  Offence,  treble  Damages ;  to  be  recovered  as  aforefaid. 


B 


CHAP.     XLVI. 

lUp.  byAft,^.  An  A5l.  concerning:  Servants  and  Slaves. 

prd  i^,  1741.  " 

£hap.  24. 


CHAP.     XLVII. 

Private  Burials  prohibited, 

E  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ab' 

folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 

of  this  prefent  General  Affembly,  now  met  at  Little  River,  for  the  North  Eaft  Part 

Burial  Places  to  ^f  ^'^^  fa^^  Provincc,  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,  That 

»efet  apart.        cvcry  Planter,  Owner,  Attorney,  or  Overfeer  of  every  fettled  Plantation  in  this 

Government,  or  that  hereafter  fliall  be  fettled,  fliall  fet  apart  a  Burial  Place,  and 

Fence  the  fame,  for  the  interring  all  fuch  Chrifbian  Perfons,  whether  bond  or  free, 

that  fhall  die  on  their  Plantation  •,  and  that  before  the  Interring,  there  fliall  be 

be'buried'.""^  '^    Called  at  leaft  Three  or  Four  of  the  Neighbours  to  view  the  Corps  :  And  if  it  ap- 

On  sufpicion  of  pears  to  them  that  the  Perfon  came  to  his  or  her  Death  by  any  Violence  or  un- 

re°'to"be'informr  lawful  Mcans,  Noticc  thereof  fhall  be  given  forthwith  to  the  Coroner  of  the  Pre- 

'*'•  cind,  fo  that  Proceedings  may  be  had  thereon  according  to  Law:  And  in  Cafe 

to  come  &  v"iew^  any  of  the  Perfons  fo  called  fliall  refufe  to  come  and  view,  he  or  fhe  fo  refufmg 

«o  forfeit  5  s.    '  ^^\\  forfeit  and  pay  the  Sum  of  Five  Shillings  ;  to  be  levied  by  a  Warrant  from 

the  next  Juflice  of  the  Peace,  and  paid  to  the  Churchwardens,  for  the  Ufe  of  the 

Poor  of  the  faid  Parifh. 

Perfona  burying       II.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Per- 

Aa""to  Vfeit  ^^'^  ^°  dying  fhall  be  buried  contrary  to  the  true  Intent  and  Meaning  of  this  Ad, 

10 1!  uniefs  the  the  Pctfon  or  Perfons  occafioning  the  fame,  fhall  forfeit  and  pay  the  Sum  of  Ten 

t^oTeSed  dS  Pounds  •,  One  Third  to  the  Informer,  One  Third  to  the  Lords  Proprietors,  and 

where,  &c,        the  Other  Third  to  the  Poor  -,  to  be  recovered,  by  Bill,  Plaint,  or  Information, 

in  the  General  Court  of  this  Government  -,    wherein  no  Effoign,  Protedion,  or 

Wager  of  Law,  fhall  be  allowed  :  Uniefs  fuch  Perfons,  in  their  Life-time,  figni- 

fied  their  Defire  of  being  interred  elfewhere ;  or  uniefs  the  Perfon  concerned  in 

fuch  Burial  can  make  it  appear,  that  fo  many  of  the  Neighbourhood  refufed  to 

come. 


Z/yf/^^'S    ^North-Carolina.  27 

come,  on  Notice  given  them,  to  appear  and  view  the  Corps,  or  that  he  could    ^-  ^-  jm- 
not    without  great  Travel  and  Expence,  or  Damage  to  the  Corps,  keep  it  any 


longer 


CHAP.     XLVIII. 

^n  A^i  concerning  Proving  Wills ^  a?jd  graiiting  Letters  of  Admirdjira-  seeAaAw.aj, 
tion  J  and  to  prevent  Frauds  in  the  Managemeiit  of  hitefates  Efates.       ^'~"    '^' '°' 

I.  nrj  E  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
fj  absolute  hords  Proprietors  of  the  Province  of  Carolina,  by  and  ijoith   the 
Ativice  and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly  now  met  at 
Little  River,  for  the  North-Eail  Part  of  the  faid  Province,  and  it  is  hereby  En- 
acted, by  the  Authority  of  the  fame.  That  all  Wills  and  Adminiftrations  heretofore  wiiis,  &c.  here- 
proved  and  granted  by  the  Council,  General  Court,  Precinft  Court,  or  by  any  'f^^^^h'rGoverl 
Powers  or  Commifllons  heretofore  granted  by  any  Governor,  Deputy-Governor,  nor,  &c.  deciar- 
Preftdent  and  Council,  to  any  particular  Perfon  or  Perfons,  ihali  be  deemed,  ad-  ^"^  ^°°''' 
judo-ed,  and  taken  to  be  good  and  efFe(5lual,  to  all  Intents  and  Purpofes  whatfo- 
ever,  as  if  proved  before,    or  granted  by,   any  Ordinary  or  other  Ecclefiaftical 
Judge  or  Perfon. 

II.  A]<IT>  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  and  ^^Z'l^^.^i.' 
may  be  lawful  for  the  Governor  or  Commander  in  Chief  for  the  Time  being,  the 

General  Court,  or  Precind  Court,  to  have  Wills  proved  before  them,  and  to 
grant  Orders  for  Adminiftration. 

III.  PR  OVID  ED  always.  That  the  fame  be  not  repugnant  to  the  Rules 
and  Methods  prefcribed  by  this  A61 ;  and  provided  alfo,  that  the  granting  Let- 
ters Teftamentary,  or  Letters  of  Adminiftration,   always  excepted  -,    which  fhall  Letters  Tefla- 
be  always,  from  and  after  the  Ratification  of  this  Ad,  figned  by  the  Governor  ^ranted!'*"'"^"'* 
or  Commander  in  Chief  for  the  Time  being,    and  fealed  with  the  Colony  Seal, 

and  only  iffuing  out  of  the  Secretary's  Office,  and  counter-figned  by  the  Secreta- 
ry, or  his  Deputy. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon  No  Perfon  to  ad- 
do  prefume  to  enter  upon  the  Adminiftration  of  any  deceafed  Perfons  Eftate,  un-  J^|"  g^'^'i^by* 
til  they  have  obtained  fuch  Commiflion  of  Adminiftration,  or  Letters  Teftamen-  the  Governor,  oq 
tary,  figned  by  the  Governor,  under  the  Penalty  of  Fifty  Pounds ;  One  Half  to  ^''"^''^  °^  ^°  ** 
the  Informer,  and  the  other  Half  to  the  Governor  or  Commander  in  Chief  for  the 

Time  being :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  the  General 
Court  of  this  Province  •,  wherein  no  Effoign,  Protedion,  or  Wager  of  Law,  fhall 
be  allowed  or  admitted  of. 

V.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Secretary  f,'j.^7f;fj°.^jf^ 
or  his  Deputy,    fliall  not  affix  the  Colony  Seal,    or   fub-fign  any  Letters  Tefta-  tamentary,  tii 
mentary,  without  taking  the  Executor's  Oath,  for  performing  the  Will  of  the  ^^'^^^'''"^"cf 
Deceafed  -,  unlefs  Certificate  is  made  by  a  Juftice  of  the  Peace,    that  the  fame  Adminiftration, 
Oath  is  Liken  before  him  •,  or  Letters  of  Adminiftration,  without  the  Adminiftra-  'i,'|f/'^|fe''^'X' 
tor  has  taken  the  Oath  of  an  Adminiftrator,  and  has  alfo  given  fufficient  Bonds,  and  give  Bond. 
with  Two  or  n:ore  able  Sureties,  taken  either  before  the  Secretary,  or  the  Juftices 

of  the  Precind  Court,  and  returned  into  the  Secretary's  Office,  (Refped  being 
had  to  the  Value  of  the  Eftate,)  in  the  Name  of  the  Governor  or  Commander  in 
Chief  for  the  Time  being,  with  the  Condition  in  Form  and  Manner  following, 
rr.utatis  mutandis,  viz. 

THE 


23  L    A     JF    S       of     ^  O  R  -T  H  -  C  A  R  O  L  I  N  A. 

^-j^  H  E  C  o  N  D  I T I  o  N  of  this  Obligation  is  fuch,  That  if  the  above  bounden 
•  J[  '  M.  B.  A'dminiftrator  of  all  and  lingular  the  Goods  and  Chattels,  Rights  and 
Credits,  of  C.  D.  decealed,  do  make,  or  caufe  to  be  made,  a  true  and  perfect 
Inventory  of  all  and.fingular  the. Goods  and  Chattels,  Rights  and  Credits,  of  the 
faid  Deceafed,  which  have,  or  fhall  come  to  the  Hands,  Poffefllon,  or  Know- 
ledge of  him  the  faid  J.  B-  or  into  the  Hands  and  Pofieflion  of  any  other  Pcr- 
fon  or  Perfons  for  him,  and  the  fame  fo  made  do  exhibit,  or  caufe  to  be  exliibi- 
ted,  into  the  Secretary's  Office,  and  one  attefted  Copy  thereof  to  the  Precin6t 
Court  where  Orders  for  Adminiftration  palTed,  within  Ninety  Days  after  the  Date 
of  thefe  Prcfents ;  and  the  fame  Goods,  Chattels,  and-  Credits,  and  all  other  the 
Goods,  Chattels,  and  Credits  of  the  faid  Deceafed,  at  the  Time  of  his  Death,  or 
which  at  any  Tim'fe  after  fhall  come  to  the  Hands  or  Pofleffion  of  the  faid  J.  B. 
or  into  the  Hands  or  Polfeffion  of  any  other  Perfon  or  Perfons  for  him,  do  well 
tand  truly  adminifter  according  to  Law ;  and  further,  do  make,  or  caufe  to  be 
made,  a  true  and  juft  Account  of  his  faid  Adminiftration,  within  one  Year  after 
the  Date  of  thefe  Prefents,  and  all  the  reft  and  Refidue  of  the  faid  Goods,  Chat- 
tels, and  Credits,  which  fliall  be  found  remaining  upon  the  faid  Adminiftrator's 
Account,  the  fame 'being  firft'  exa'rtiined  and  allowed  of  by  the  Governor  and 
Council,  General'Court,  or  Preciii£i  Court,  fliall  deliver  and  pay  unto  fuch  Per- 
fon or  Perfons,  refpeftivcly,  as  the  fune  fliall  be  due  unto,  purfuant  to  the  true 
Intent'  and  Meaning  of  this  Aft  ;  and  if  it  fliall  appear  tiiat  any  Laft  Will  and 
Teftament  was  made  by  the  Deceafed,  and,  by  the  Executor  or  Executors  therein 
named,  do  exhibit  the  fame  into  Court,  making  Requeft  to  have  it  allowed  and 
approved^ accordingly,  if  the  faid  AB.  above  bound,  being  thereunto  required, 
do  render  and  deliver  the  faid  Lettet^s  of  Adminiftration,  (Approbation  of  fuch 
Teftament  being  firft  had  and  made,)  in  the  faid  Court ;  then  this  Obligation  to 
be  void,  and  of  none  Eftedl :  Or  elfe  to  remain  in  full  Force  and  Virtue. 

ft  ii-.d  to  be  af-      Which  Bonds  are  hereby  Enafted  and  Declared  to  be  good,  to  all  Intents  and 
p^ny  injure?.'     Purpofcs,  and  pleadable  in  any  Courts  of  Juftice ;  and  fliall  be  transferred  or  af- 
■  figncd,  'by  the  Governor  or  Commander  in  Chief  for  the  Time  being,    to  any 

Perfon  or  Perfons  injured,  who  Ihall  and  may  maintain  an  Action  thereon. 

intfft.nes  rftiies  VI.  A N D  he  it  further  Enadi&d,' bythe  Authority  p.forefajd.  That  all  and  eve- 
butl/."'  ^'  ''''^""  ry  Perfon  and  Perfons  to  whom  Adminiftration  fliall  be  granted,  fliall  diftribute 
the  Surplufage  of  fuch  Eftates  in  Manner  following ;  that  is  to  fay.  One  Third 
Part  of  the  faid  Surplufage  to  the  Wife  of  the  Inteftate,  and  all  the  reft,  by  equal 
Portions,  to  and  among  the  Children,  in  Cafe  any  of  the  faid  Children  be  then 
dead,  other  than  fuch  Child  or  Children  (not  being  Heir  at  Law,)  who  fliall  have 
any  Eftate  by  the  Settlement  of  the  Inteftate,  or  fliall  be  advanced  by  the  Inteftate, 
in  his  Life-time,-  by  Portion  or  Portions,  equal  to  the  Share  which  fliall,  by  fuch 
Diftribution,  be  allotted  to  the  other  Children  to  whom  fuch  Diftribution  is  to  be 
nrade :  And  in  Cafe  any  Child  (other  than  the  Heir  at  Law,)  who  fliall  have  any 
Eftate  by  Settlement  from  the  faid  Inteftate,  or  fliall  be  advanced  by  the  faid  In- 
teftate, in  his  Life-time,  by  Portion,  not  equal  to  the  Share  which  will  be  due 
to  the  other  Children  by  fuch  Diftribution  as  aforefaid,  (fuch  Settlement  or  Ad- 
vancement to  be  adjudged  to  the  Value  it  was  worth  at  the  Time  of  the  Settle- 
ment or  Advancement,)  then  fo  much  of  the  Surplufiige  of  the  Eftate  of  fuch  In- 
teftate to  be  diftributed  to  fuch  Child  or  Children  as  fliall  have  any  Land  by  Set- 
tlement from  the  Inteftate,  or  were  advanced  in  the  Life-time  of  the  Inteftate, 
as  fliall  make  the  Eftate  of  all  the  Children  to  be  equal,  as  near  as  can  be  eftinia- 
ted  -,  but  the  Fleir  at  Law,  notwithftanding  any  Land  that  he  fliall  have  by  Dif- 
cerit,  or  otherwife,  from  the  Inteftate,  is  to  have  an  equal  Part  in  the  Diftribu- 
tion with  the  reft  of  the  Children,  without  any  Confideration  of  the  Value  of  Land 
which  he  hath  by  Difcent,  or  otherwife,  from  the  Inteftate  :  And  in  Cafe  there  be 

no 


LA   W  S    of    North- Carolina. 


J.  D.    17 


Eftatc  to  be  divi- 
ded in  laMonths, 


no  Children,  nor  any  legal  Reprefentatives  of  them,  then  One  Moiety  of  the  faid 
Eftate  to  be  allotted  to  the  Vv  ife  of  the  Intcftate  ;  the  Refidue  of  the  faid  Eftate 
to  be  diftributed  equally  to  every  of  the  next  of  Kindred  of  the  Intcftate  who  are 
in  equal  Degree,  and  to  thofe  who  legally  reprefent  them  ;  provided  that  there 
be  no  Repreientatives  admitted  among  Collaterals  after  Brothers  and  Sifters  Chil- 
dren :  And  in  Cafe  there  be  no  Wife,  then  all  the  faid  Eftate  to  be  diftributed 
equally  to  and  amongft  the  Children  :  And  in  Cafe  there  be  no  Child,  then  to  the 
next  of  Kindred,  in  equal  Degree,  of  or  unto  .the  Inteftate,  and  their  legal  Re- 
prefentatives, as  aforcfaid  -,  and  in  no  other  Manner  whatfoevcr. 

Vir.  AN D  he  it  further  EnaHedy  by  the  Authority  aforejaid.  That  no  Exe-  ^^^^^^^^ 
cutor  or  Adminiftrator  fhall,  hereafter,  take,  or  hold  himfelf,  (according  to  the  nisniftr'at'r"  net 
Value  of  Appraifment,)  more  of  the  Deceafed's  Eftate,  than  amounts  to  his  ne-  a^  Eftat-X'nh^ 
ceffary  Charges  and  Difburfements,  and  fuch  Debts  as  he  fhall  legally  pay  within  charges,"  Gfc 
Twelve  Months  after  Adminiftration  granted  ;  but  that  all  fuch  Eftate  fo  remain- 
ing, ftiall,  immediately  after  the  Expiration  of  Twelve  Months,  be  equally  and 
indifferently  divided  and  paid  to  fuch  Perfons  to  whom  the  fame  is  due  by  this 
Aft,  or  the  Will  of  the  Dcceafed,    fuch  Perfon  or  Perfons,   or  fome  other  for  Secur:ty   to  be 
them,  giving  good  Security,  that  if  any  Debt  or  Debts  truly  owing  by  the  De-  S' cafe*°f  DSt""^ 
ceafed,  Ihall  be  afterwards  fued  for,  and  recovered,  or  otherwife  duly  made  ap- 
pear, that  then,  and  in  every  fuch  Cafe,  he  or  they  ftiall  refpectively  refund  and 
pay  back  to  the  Executor,  or  Adminiftrator,  his  or  her  ratable  Part  of  that  Debt 
or  Debts,  with  the  Charges  of  the  Executor,  or  Adminiftrator,  by  Reafon  of  fuch 
Debt  or  Debts,  out  of  the  Part  or  Share  fo  as  aforefaid  allotted  to  him  or  her, 
thereby  to  enable  the  faid  Executor,  or  Adminiftrator,  to  pay  and  fatisfy  the  faid 
Debt  or  Debts  fo  difcovered  after  Diftribution  made  as  aforefaid. 

VIII.  AND  he  it  further  Enacted^  hy  the  Authority  aforefaid.  That  where  any  Admmiftmicnfe 
Perfon  ftiall  die  Inteftate,  Adminiftration  ftiall  be  granted  to  the  next  of  Kin  to  ^'^""^  s""t«^- 
the  Deceafed,  provided  fuch  Perfon  -make  Claim  for  the  fame,  in  the  Secretary's 

Office,  or  Precind:  Court,  before  the  next  General  Court  following  the  Death  of 
the  Inteftate,  before  which  Time  Adminiftration  ftiall  not  be  granted  to  any  Per- 
fon ;  and  for  Want  of  fuch,    to  the  greateft  Creditor,  proving  his  Debt,  upon  p^^^^ 
Oath,  before  the  Governor  or  Commander  in  Chief  for  .the  Time  being,  the  Ge-  in'gaRighT^"  ' 
neral,  or  Precind  Court :  And  in  Cafe  any  pretending  a  Right  to  Adminiftration,  Adminiftration, 
fliall,  before  the  next  General  Court  following  the  Death  of  fuch  inteftate,  enter  clveat^nTheSe- 
a  Caveat,  in  the  Secretary's  Office,  againft  any  other  Perfon's  having  Adminiftra-  T^^^'-l  °'^''' 
tion,  the  Secretary,  or  his  Deputy,  ftiall  forbear  to  feal  or  counter-fign  any  Let-  not  to  be  granted 
ters  of  Adminiftration,  till  the  Cafe  in  Controverfy  ftiall  be  heard  and  determined  determined'  L 
by  the  Governor  or  Commander  in  Chief,  and  Council,  for  the  Time  being.  f'"=  '^e  cover- 

^  nor&  Council. 

IX.  ANT>  he  it  further  Enacted,  hy  the  Authority  aforefaid.    That  Creditors  creditors  tomake 
of  any  Perfon  deceafed,  fhall  make  their  Claim  within  Seven  Years  after  the  Death  *^^">-ciaim  in? 
of  fuch  Debtor ;  otherwife  fuch  Creditor  fliall  be  for  ever  barred  :  And  if  it  ftiall  barred.  °'  """ 
happen  that  any  Sum  or  Sums  of  Money  ftiall  hereafter  remain  in  the  Hands  of  J^veLs'^o 
any  Adminiftrator,  after  the  Term  of  Seven  Years  fliall  be  expired,  and  not  reco-  to  \hlvlxx^ 
vered  by  any  of  Kin  to  the  Deceafed,  or  by  any  Creditor  in  that  Time  ;  the  fame 
ftiall  be  paid  to  the  Churchwardens  and  Veftry,  to  and  for  the  Ufe  of  the  Parifti 
where  the  faid  Money  fliall  remain. 


after 


H  CHAP, 


,s^ 


LA   JV  S     of    North-Carolina. 


':^  D. 


CHAP.     XLIX. 


An  A£l^  coficerning  Orphans, 

1.  "O  ^  ^^  Enabled,  by  his  Excellency  the  Palatine,  and  the  rejl  of  the  true  and 
J3  ^i'foltiie  Lords  Proprietors  of  the  Province  of  Carolina,  hy  and  with  the 
Advtce  and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly  now  met  at 
Little  River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  Us  hereby  En- 
adied,  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratincation  of  this 
A(5t,  no  Ptrfon  or  Perfons  whatibever  fhall  give  or  bind  any  Children  or  Or- 
phans not  to  he  phans,  nor  fliall  any  Pcrfon  take  or  receive  any  Children  or  Orphans  fo  given  or 
'thrc!>ur'r<r^  bound,  (unlefs  the  fame  be  from  the  Parents,)  without  the  Leave  or  Confent  of 
their  p.ir.nts;  the  Prccintt  Court  v^^hcrc  fuch  Children  fhall  refide  or  dwell,  under  the  Penalty 
20 J.  of  Twenty  Founds  ;  One  Halt  to  be  paid  to  and  tor  the  Ufe  of  fuch  Child  or 

Orphan,  and  the  other  Half  to  him  or  them  that  will  fue  for  the  fame. 


Cliildren  or  Or- 


Precinft  Courts 
to  prant  Letters 
of  Gu.nd  ai  rti  p, 
anJ  to  take  Se- 
curity, or  Ik-  li- 
able for  the  Da- 
mage. 


II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Precinct 
Courts  are  hereby  authorifed  and  im powered,  to  grant  Letters  of  Tuition  or 
Guardianlhip  to  fuch  Perfons  as  they  fhall  think  proper,  for  the  Care  of  brining 
up  and  Education  of  all  Orphans,  and  for  the  taking  Care  of  their  Eftates  ;  of  all 
which  Guardians  fo  by  them  appointed,  they  fhall  take  good  Security,  for  the 
due  Performance  of  their  Office  or  Truft :  And  if  the  faid  Courts,  or  any  of  them, 
fhall  negleft  to  perform  the  Powers  and  Authorities  by  this  Ail  given  them,  the 
Members  of  thofe  Courts  fo  negle6ling  their  Duty,  fhall  be  liable  to  make  good 
all  Damages  that  fhall  happen,  by  fuch  their  Omiillon,  to  any  Child  or  Orphan. 

Orphans  to  be  III.  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Orphans 

m"int'^ted"ac-  ^^1^  ^c  educated  antl  provided  tor,  according  to  their  Rank  and  Degree,  out  of 
cording  t.)  their  the  Incomc  or  Interelf  (jt  their  Eftates  and  Stocks,  if  the  fame  will  be  fufficient ; 
Eftale"  infufRc.-  othetwife  fuch  Orphan  fhall  be  bound  Apprentice  to  fome  Handicraft  Trade,  (the 
ent,  to  be  bound  Matter  Or  Miftrefs  of  fuch  Orphan  not  being  of  the  Profeflion  of  the  People  called 
Q^^akers.  ""   "  ^lakcrs,)  Until  they  Ihall  come  of  Age  ;  unlefs  fome  of  the  Kin  to  fuch  Orphan 

will  undertake  to  maintain  and  educate  him  or  them  for  the  Intereft  or  Income  of 
'^'^'"fh"d'  *°  ''*  ^^^  ^^  ^^^  Eftate,  without  Diminution  of  the  Principal  -,  which,  whether  the  fame 

be  great  or  fmall,  ihall  be  always  delivered  to  the  Orphan  when  of  Age. 


Stock  to  be  deli- 
vered to  Orphans 
in  Kind. 

-Plate  and  Money 
by  Weight  and 
Quantity. 
Slaves,  and  their 
Increafi;,  to  be 
delivert'd. 
Houdiuld  Goods 
ti)  be  fold. 


Widow,     &i. 
bringing  Suit, 
Defendant  (hall 
fwear  ;    if  not. 
Judgment    fhall 
go  againft    him 
for  di  uble  the 
Sum  due. 


IV,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Horfes, 
Cattle,  Sheep,  and  Hogs,  fhall  be  returned  by  the  Guardian  in  the  Kind  received, 
and  according  to  the  Age  and  Number  when  they  were  received  ;  and  all  Plate 
and  Money  ihall  be  prefcrved  and  delivered  in  Kind,  according  to  Weight  and 
Quantity-,  and  all  Slaves,  and  theirlncreafe,  (Mortality  excepted,)  fliall  be  de- 
livered when  the  Orphan  comes  at  Age  :  But  all  Houfhold  Goods  and  Lumber 
that  may  grow  worfe  before  the  Orphan  may  come  of  Age,  fhall,  by  Order  of 
Court,  be  fold  at  L\iblic  Sale,  and  the  Money  arifing  therefrom  paid,  by  the 
Guardian,  to  the  Orphan  when  at  Age. 

V.  AND  be  it  further  Ena.^ed,  by  the  Authority  aforefaid.  That  wliere  any 
Widow  or  Orphan  fhall  commence  any  Suit  for  Monies  or  other  Legacies  due  to 
them  by  Force  of  any  Will  or  other  Gift,  or  due  to  them  from  any  Inteftate's 
Eftate,  the  faid  Court  fliall  adminifter  an  Oath  to  the  Defendant  or  Defendants  ; 
and  if  he  or  they  Ihall  refufe  to  anfwer,  upon  Oath,  the  Court  fhall  proceed  to 
give  Judgment  tor  the  Plaintiff,  for  double  the  Sum  as  fhall  be  made  appear  to 
be  due. 


CHAP. 


LA  W  S    of    North-Caroli  n^a. 


ji.  D.    1715. 

CHAP.     L. 


An  A5t,  to  encourage  the  dejiroying  of  Vermin.     EXP. 


CHAP.     LI. 

An  A6l^  to  afcertain  what  Perfons  are  Tithables,  and' to  direct  the  Me-  R^p.  byAa,^- 
thod  to  be  obferved  in  taking  the  Lijls  of  them.  chap.'  2!"^^' 


CHAP.     LII. 

An  Act,  for  appointing  a  Town  in  the  County  of  Bath,  and  for  fe curing 
the  Public  Library  belonging  to  St.  Thomas'^  Parijh,  in  Pamptico. 

I.  T  T  7  H  E  R  E  A  S,  at  the  Requefl  of  Mr.  John  Lawfon,  Mr.  Joel  Martin^  PKamWf, 

\'Y  and  others,  a  certain  Tradt  ..or  Parcel  of  Land,  purchafed  by  them, 
lying  on  the  Old  Town  Creek,  in  Pamptico^  and  containing,  by  Eftimation,  Six- 
ty Acres,  be  the  fame  more  or  lefs,  being  Part  of  a  larger  Trad  then  belonging 
to  David  Perkins^  but  now  in  the  Poffeffion,  and  of  Right  belonging,  to  Colonel 
Thomas  Cary,  and  divided  from  thence  by  a  Line  of  marked  Trees  from  the  Old 
Town  Creek,  to  Mr.  Barrow's  Line,  now  alfo  the  Right  and  Poffeflion  of  the 
faid  Cary^  was  Incorporated  and  made  a  Townfhip,  by  an  Adl  of  the  General  Af- 
fembly,  made  and  ratified,  at  the  Houfe  of  Captain  John  Hecklefield^  the  Eighth 
Day  of  March,  Anno  Dotnifu  One  Thoufand  Seven  Flundred  and  Five,  with  di- 
vers Privileges  and  Immunities  therein,  and  thereby  invelted  in  the  faid  John  Law- 
fon,  Joel  Alartin,  and  Nicholas  Daw,  to  and  for  the  Ufes  therein  mentioned  : 
To  promote  therefore  the  Settlement  of  the  faid  1  own,  and  for  fecuring  the  Pub- 
lic Library  of  St.  Thomas's  Parilh,  in  Pampiico  ; 

II.  B  E  it  Ena£ied,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Ad^nce 
and  Confent  of  the  reft  of  the  Members  of  the  General  Ajfembly,  now  met  at  Little 
River,  for  the  North-Eall  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  faid  Land  be,  and  it  is  hereby  henceforward  ^^^  invefted  ■ 
invcfled  in  Mr.  John  Porter,  Mr.  Joel  Martin,  Mr.  Thomas  Harding.,  and  Capt.  Comm'ijioners,'" 
John  Drinkwater,  or  any  Two  of  them,  to  and  for  the  Ufes  aforefaid,  and  De- 
clared, Confirmed,  and  Incorporated  into  a  Townfliip,  by  the  Name  of  Bath- 
TowN;  with  all  Privileges  and  Immunities  hereafter  cxprefled,  for  ever. 


by   the  Name   of 
Batb-T-j-vun, 


III.  PURSUANT  to  which,  //  is  hereby  Enacted,  That  convenient  Places  Ground  fet  apart 
and  Proportions  of  Land  be  laid  out  and  preferved,   for  a  Church,    a  Town-  qv,^„^i,"f^''' 
houfe,  and  a  Market-place  •,  and  that  the  reft  of  the  Land  which  is  not  already  M.'aket-pi'ace. 
-laid  our,   be  forthwith  laid  out  into  Lots  of  Half  an  Acre  each,  with  convenient 

Streets  and  Pallages,  by  the  faid  Truftees,  or  any  Two  of  them. 

IV.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  every  Perfon  AnyPrfon  miy 
whatfoever,  who  is  defirous  to  be  an^Inhabitant  of  the  faid  Town,  Ihall  have  Li-  '**"  "i"  ^°"' 
berty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken 

up  ;  which  Lot  or  Lots  the  Commiflioners  aforefaid,  or  any  Two  of  them,  are 
hereby  direded,  required,  and  impowered,  to  grant,  convey,  and  acknowledge, 

to 


^2  Z,^/F5(5/'NoRTH^  C  A  R  O  I.  I  N  A. 

A.  D.  171;.  {-Q  ^hg  Pcrfons  lb  taking  up  the  fame,  and  to  his  Heirs  and  Affigns,  for  ever,  in 
ul^i^Tiw^f  Fee-Simple,  upon  Payment  of  Thirty  ShiUings,  Confideration-Money,  for  each 
30s.  Lot;  out  of  which  Money  the  firft  rurchafers  fiiall  be  re-imburfed  the  firft  Pur- 

chafe,  with  their  reafonable  Charges  and  Diiburfements,  and  the  Overplus  ihall 
be  appropriated  to  the  Ufe  of  the  Lhurch,  to  be  difpofed  of  as  by  theVeftry  of  the 
Precind  of  Beaufort  fhall,  from  Time  to  Time,  be  direded  and  appointed. 

R'.-fons taking ap  V.  P RO V I B E D  cilways.  That  what. Perfon  foe ver  fhall  take  up,  and  have 
Lts  to  build  a  conveyed  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  fhall  not  build,  or 

HouU' thereon  ui    ^^  ■',,-,,         ^  •   1   •        ■ i  -  --  i  r  1        t-n  r      ^        r  ■  ^    A 

izMonthj.  caufe  to  be  built  thereon,  within  1  welve  iviontns  arter  the  Date  oi  the  laid  Con- 
veyance, a  good,  fubftantial,  habitable  Houfe,  or  make  fuch  Preparation  for  fo 
doinfy  as  the  Court  of  the  Preciniit,  by  View  of  any  Two  or  more  of  the  Juftices, 
fhall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance  fliall  be,  and  it 
is  hereby  declared  void  and  of  no  Effedl,  as  if  the  Hime  had  never  been  made ; 
and  the  faid  Lot  or  Lots  Ihall  be  free  and  clear  for  any  other  Perfon  to  take  up 
and  purchafe. 

.,  „     ,  VI.  AND  be  it  further  Ena^ed.  hy  the  Authority  afore  faid.  That  from  and  af- 

No  Hogs  to   run  v  ±.    yj.  i^  j^  ^^        j^  ^\      r  ^y      /  \        r  t     i      i  • 

«t  large,  on  p-  tcr  the  Firft  Day  ot  April  next,  no  Perfon  or  Perions  whatloevcr,  inhabitant,  or 

'tnrliolZtot.  claiming  any  Right  or  Title  to  any  Lots  in  the  faid  Town,  ihall  keep,  raife,  or 

permit  or  fufFer  to  run  at  large  in  the  faid  Town,  any  Hogs  or  Shoats,  under 

the  Penalty  of  forfeiting  the  faid  Flog  or  Shoat  •,  One  Half  to  the  Perfon  taking 

up  fuch  Hog  or  Shoat,  and  the  other  Half  to  the  Poor  of  the  Parilh :  And  that 

Lots  how  to  be  no  Perfon,  Inhabitant  of  the  faid  Town,  or  holding  Lots  there,  fhall  inclofe  the 

mciofed.  fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence  •,  but  every  Lot 

or  Lots  inclofed,  fhall  be  either  paled  in,  or  done  with  Pofts  and  Rails. 

Comm-iflioners  to       "^I^-  A N  B  be  it  further  Era£fed^  by  the  Authority  aforefaid.  That  the  Com- 
removeNufances.  miffioners  aforefaid,  or  any  Two  of  them,  have  full  Power  and  Authority,  and 
they  are  hereby  impowered  and  required,  to  remove  all  Nufances  within  the  Li- 
mits of  the  aforefaid  Town. 

VIII.  AND  becaufe  in  the  former  Survey  of  the  Lots  that  are  already  furyey- 
cd,  each  Lot  contains  Four  Pole  more  than  was  warranted  by  the  Ad  of  AiTem- 
bly,  for  laying  out  the  aforefaid  Land,  and  the  Truftees  for  granting  the  afore- 
faid  Lots  having  figned  Sales  for  the  Lands  lying  before  the  Fronts  of  the  Lots, 
contrary  to  the  Authority  granted  them  •,  wherefore,  that  the  Hime  may  be  regu- 
lated, and  a  Plat  thereof  made,  fo  as  the  Streets  in  the  faid  Town  may  anfwer 
with  the  Lots  intended  to  be  laid  out  of  the  Land  belonging  to  Col.  Thomas  Cary^ 
adjoining  thereto, 

Re-fumy  to  be  IX.  B  E  it  EnaEted^  That  a  Re-furvey  be  made  of  the  aforefaid  Town  Land, 
""'''•  by  Order  of  the  CommilTioners  atbre-mentioned,  and  that  each  and  every  Perfon 

holding  Lands  or  Lots  in  the  Town  aforefaid,  fliall  have  no  more  in  their  Lots 

than  juft  Half  an  Acre,  purfuant  to  the  firft  Intention  and  Dcfign  of  fettling  the 
owners  of  Front  aforeifaid  Town  ;  ftill  referving  to  the  Owners  or  PofTcfTors  of  all  Lots  in  the  a- 
L.ts  to  have  the  forefaid  Town,  the  Land  lying  before  the  Front  of  their  Lots,  upon  Payment  of 
Fronts,  for  lo  s.  r^^^  Shillings  for  every  Front,  to  the  CommifTioners  in  this  Ad  appointed,  who 

are  hereby  authorifed  and  required  to  grant,  feal,  and  deliver  Deeds  of  Sale  for 

the  fame. 

Principal  Street,       X.  PROVIBEB  always.  That  the  Principal  Streets  in  the  fliid  Town  fhall 

to  be  ,0  Fuel     be  One  Hundred  Feet  wide  at  leaft  •,  and  that  no  Perfon  fliall  build  or  ered  any 

'""''•  Edifice,  Houfe,  or  Building,  on  the  Lands  lying  before  the  Fronts,  other  than 

Cellars  or  Vaults,  whofe  Covering  fhall  not  be  above  Ten  Feet  above  the  Ground, 

that  the  Profpcd  of  fuch  as  build  in  the  faid  Town  may  not  be  incommoded  or 

hindered.  XL  AND 


L  A   JV  S     o/'    North-Carolina. 


17,5. 


XI.  A I^  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Church  Churchs: Court- 
for  the  Parifh  ot"  St.  Tbo-mas,  and  the  Court-lioufe  for  the  Precinft  of  Beaufort  ^  -ufe  to  b.  buUt 
and  Hyde,  iliall  be  built  in  the  faid  Town,  on  the  feveral  Proportions  or  Lots  of  '" '  '^   "*''"' 
Land  laid  out  for  thofe  Purpofes  -,  and  that  the  Provoft-Marilial  of  the  County  of 

Bath,  and  the  Clerk  of  the  Court  for  the  Precind  oi  Beaufort,  lliall  keep  their  rjctkcfal; 
refpe6tive  Offices  in  the  faid  Town,  under  the  Penalty  of  i^ive  Pounds  for  every  Crun,  t..  ktcp 
Month  he  or  they  fhall  omit  or  negltdt  fo  to  do  ;  one  Half  to  the  Intormer,  and  Tuwn °^nder "" 
the  other  Half  to  the  Juftices  of  the  faid  Court,  towards  the  finilliing  or  repairing  I'^iuity  cf  5 1. 
the  Court-houfe  :  To  be  recovered  by  Action  of  Debt,  Bill,  Plaint,  or  Informa- 
tion ;  wherein  no  Prote6tion,  Injunction,  or  Wager  of  Law,  fliall  be  allowed  or 
admitted  of. 

XII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.    That  the  Juf-  juftices  toi-iy  a 
tices  of  the  Court  aforefaid  fliall  have  full  Power  and  Authority  to  levy,  or  caufe  |^g''',o°'i'''f^"'^" 
to  levied,  any  Sum  or  Sums  of  Money,  not  exceeding  One  Hundred  Pounds  in  building  a  Coun- 
the  Whole,  upon  the  Inhabitants  or  Eflates  in  the  Precin«5b  atorefaid,  for  and  to-  ^°"'^- 
wards  the  erecting  and  building  the  Court-houfe  afore-mentioned  ;  which  the  faid 

Juftices  are  hereby  required  to  caufe  to  be  built  and  finiih^d,  as  foon  as  the  Cir- 
cumftances  of  the  Inhabitants  will  admit  of  raifing  the  aforefaid  Sum. 

XIII.  AND  as  a  further  Encouragement  to  the  Settlement  of  the  faid  Town,  Mi^fters,  i^c.  w 
Be  it  Enaffed,  by  the  Authority  aforcjaid.  That  all  Muftcrs  for  the  Precincl  of 
Beaufort,  Eleftions  of  Burgeffes,  and  all  Bufinefs  and  Affairs  of  the  like  Nature, 

which  properly  belongs  to  the  faid  Precinft,  fliall  be  had,  taken,  done,  and  tranf- 
acted  within  the  faid  Town  of  Bath,  and  in  no  other  Place  or  Places  whatfoever, 

XIV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.    That  all  Li-  Liquors  of  the 
quors  which  are  bona  fide  the  Growth,  Produce,  and  Manufad:ure  of  the  County  «■•  ^th  uf  Batb 
oi  Bath,  fliall  and  may  be  retailed  in  Town,  for  the  Space  of  Ten  Years  next  af-  SwiiId'.^T  w^ 
ter  the  Ratification  of  this  A6t,  by  any  Freeholder  or  Inhabitant  of  the  faid  Town,  without  Licenfe, 
without  any  Licenfe  or  other  Permit  for  fo  doing  ;  fubjed  neverthelefs  to  the  fe- 
veral Penalties,  Forfeitures,  and  Reftritlions,  as  by  the  Law  intituled,  Ordinary- 
Keepers  hozo  to  fell,  are  made  and  provided. 

XV.  AND  whereas  divers  Perfons  poffciTed  of  Lots  in  the  fiid  Town  do  neg- 
le<5l  clearing  the  fame,  and  others  do  permit  fuch  as  have  been  cleared  to  grow- 
up  with  Brufli  and  Under-wood,  to  the  great  Annoyance  ot  the  Inhabitants  of 
the  fiid  Town  : 

XVI.  B  E  it  Ena^ed,  by  the  Authority  aforefaid.  That  all  Perfons,  PoffeflTors  or  q^^,^^^^  ^f  Lot 
Owners  of  Lots  in  the  faid  Town,  fliall,  and  they  are  hereby  obliged,  within  to  dear  them,  & 
One  Month  after  the  Ratification  of  this  Aft,  to  clear  all  fuch  Lots  fo  held  or  ''^"p ''^"^"^  f^- 
pofieffed  by  them,  from  all  Manner  of  Wood,  Uncler-wood,  Bruih,  or  Grubs, 

that  are  or  may  be  oftenfive  to  the  Inhabitants  ot  the  faid  Town,  and  fliall  fo 
keep  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafter,  as  often  as 
Need  fliali  require ;  under  the  feveral  Penalties  and  Forteitures  hereafter  in  this 
Ad:  provided. 

XVII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  eve-  owners  of  Ln^ 
fy  Proprietor,  Owner,  or  PoflTeflbr  of  any  Lot  or  Lots  in  the  faid  Town,  who  fliall  "«'  clearing  the 
omit  to  clear  t!ie  fame  within  the  Time  before  limited,  fliall  be  liable  and  obliged  to  chTiHe'^hcfeoft 
pay  the  full  Value  oi  the  Charge  of  clearing  the  faid  Lots,  to  the  1  rufl:ees  or  Com- 
miflioners  atorefaid,  who  are  hereby  appointed,  authorifed,  and  impowered,  to  caufe 

all  fuch  Lots  to  be  cleared  as  fliall,  after  the  Time  before  limited,  lie  uncleared  and 
ncgleded  ;  the  Value  of  which  Work  fliall  be  adjudged  by  Two  Freeholders,  In- 

I  habitants 


34 


L  A  JV  S     of    North-Carolina. 

X  D.  1715.    habitants  of  the  fuid  Town,,  (being  firft  Iworn  before  feme  Magitlrate,)  and  fhall 

'^^^'^P^TTig^d  be  recoverable  in  any  Court  of  Record  within  this  Government,  or  before  Juftices 

by  2  Freeholders  of  the  Fcacc,  if  Under  the  Sum  of  Forty  ShiUings,  as  in  the  Aft  for  fmall  and 

ofthsTown.       mean  Caufes  is  provided,  by  Bill,  Plaint,  or  Information  •,  wherein  no  Effoign, 

Protection,  Injunction,  or  Wager  of  Law,  Ihall  be  allowed  or  admitted  of. 

commimoner  XV III.  AN T)  be  it  further  Ena^cd,  by  the  Authority  afcrefaid^  That  in  Cafe 

dying,  &c.  how  ©f  ^^g  Death,  or  Departure  out  of  the  Government,  of  any  of  the  aforefaid  Com- 
(c  be  rc-piaced,  j^^^jp-jQ^^^j-g  f^j.  j-j-jg  Xown,  at  any  Time  hereafter,  the  remaining  Part  of  the  faid 
Commiflioncrs,  together  with  the  Juilices  of  the  Court,  are  hereby  authorifed  and 
impowered  to  make  Ckoice  of  fome  other  Perfon  or  Perfons  to  fucceed  fuch  Com- 
miffioner  (o  dying  or  departing  as  aforefaid  ;  which  Perfon  or  Perfons  fo  elected 
and  chofen,  fliail,  and  they  are  hereby  invelled  with  as  full  Power  and  Authority, 
to  all  Intents  and  Purpofes  whatfoever,  as  the  preftnt  Commiffioners  now  in  this 
Aft  nominated  and  appointed  •,  that  fo  the  full  Number  of  Commifnoners  may  be 
always  kept  up  and  lull. 

XIX.  AND  whereas,  at  the  Promotion  of  the  Reverend  Doftor  'Thomas  Bray, 
a  Library  hath  been  feni  over  to  Baih-Tcwny  for  the  Ufe  of  the  Inhabitants  of  the 
Paridi  of  St.  Thomas,  iw  Pampcico ;  and  it  is  juftly  feared  that  the  Books  belong- 
ing to  the  fame  will  quickly  be  embezzled,  damaged,  or  loft,  except  a  Law  be 
provided  for  the  more  effeftual  Prcfervation  of  the  fame : 

XX.  B  E  it  therefore  Enacted,  by  the  Authority  rforefaid.  That  the  faid  Libra- 
fppTint'^'ubrl!  ry  fhall  be,  continue,  and  remain  in  the  Hands,  Cuitody,  and  PolTeirion  of  a 
ry-keepcr.          Library-kecpcr,  to  be  elefted,  nominated,  and  appointed  by  the  Commiffioners 

hereafter  by  this  A6t  appointed,  or  the  major  Part  of  them  •,  which  faid  Library- 
biefJi-t'heTme*  kccpcr  is,  and  fhall  be  hereby  bound  and  obliged,  to  keep  and  preferve  the  feveral 
and  rcfpeftive  Books  therein,  from  Waite,  Damage,  Imbezzlement,  and  ail  other 
Dellruftion,  (Fire,  and  all  other  unavoidable  Accidents,  only  excepted,)  and  is 
and  fliall  be  hereby  accountable  for  the  £vme,  and  every  Book  thereof,  lo  the 
To  give  two  Re-  Commiirioncrs  hereafter  nominated-,  and  to  that  End  and  Purpofe,  the  faid  Li- 
thfc  wflion-  brary-keeper  lliall  pafs  Two  Receipts  for  the  Library  aforefaid,  one  to  the  Com- 
ers,  the  other  to  iniffionets  hereafter  named,  and  the  other  to  the  Churchwardens  of  the  faid  Parifli 
for  the  Time  being,  in  which  Receipts  the  Title  of  each  Book  fliall  be  inferted  : 
if  damaged,  to    And  in  Cafe  all  or  any  of  the  Books  is  or  fliall  be  found  to  be  wafl:ed,  damaged, 
Vake"^°""' ''"'  or  embezzled,  or  otherwife  defl:royed,  (except  as  before  excepted,)  the  faid  Li- 
brary-keeper, his  Heirs,  Executors,  and  Adminiftrators,  are  and  fhall  be  hereby 
bound  and  obliged  to  anfwer  double  the  Value  of  the  fame ;  and  the  faid  Com- 
miffioners are  hereby  impowered  to  fue  for  the  fame,  in  any  Court  of  Record  in 
this  Province,  by  Bill,  Plaint,  or  Information,  or  otlier  Aftion  •,  wherein  no  Ef- 
foign, Protection,  Injunftion,    or  Wager  of  Law,  fliall  be  allowed  j    and  that 
what  thereby  fliall  be  recovered,  (reafonable  Charges  and  Expences  dediifted,) 
To  h<r  employed  to  cmploy  and  difpofe  of  towards  the  compleating  and  pcrfefting  the  aforefaid 
towards  perfeft.  Library  fo  wafted,  endamaged,    embezzled,    or  otherwife  deilroyed,  within  the 
ing  le   ;  rary.    g^^^^  ^^  Twclvc  Months  after  fuch  Recovery. 

On  Dmh,  &c.  XXI.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  in  Cafe  of 
er ''chuTchwl'"  ^^^  Death  or  Removal  of  the  faid  Library-keeper,  the  Churchwardens  of  St. 
denstotXpof-  T7jo«J(3j's  Parifli  fliall  immediately  take  into  their  Cufl:ody,  Pcfll'ffion,  and  fiife 
feflion  of  the  Li-  Keeping,  all  the  Books  belonging  to  the  faid  Library,  and  fliall  be  anfwerable  for 
the  fame  to  the  Commiffioners  hereafter  in  this  Aft  nominated. 

Charchwardens         XXII.  ANDbt  it  further  Enactcd,  by  the  Authority  aforefaid.  That  the  Church- 
bS   ^^give  wardens  of  St. 'Ty^^^w^/s  Parifli,  \n  Pamptico,  upon  the  receiving  the  Books  be- 
KoUce  to  the     longing  to  the  faid  Library,  fliall  compare  the  fame  with  the  Catalogue  and  Re- 
ceipt 


L,  A   W  S     of'    North -Carolina, 


35 


ceipt  for  the  fame  in  their  Cufiody  ;  and  if  any  of  the  Fooks  are  wanting  or  da- 
mao-ed,  they  fhall  give  an  Account  thereof,  in  Twenty  Days  at  fartheft,  to  the 
Commiflioners  hereafter  mentioned,  who  are  impowertd  to  fue  the  faid  Libra- 
ry-keeper, or  in  Cafe  of  his  Death,  his  Executors  or  Adminiftritors,  for  the 
fame  :  And  in  Cafe  the  faid  Churchwardens  refufe  or  negled;  to  give  fuch  Account, 
then  the  faid  Churchwardens,  their  Heirs,  Executors,  or  Adminiftrators,  and 
every  of  them,  are  hereby  made  accountable  to  the  CommifTioners  hereafter  named 
for  afl  the  Books  belonging  to  the  fiid  Library,  and  contained  in  the  Catalogue 
thereof 


^.   D 


1715- 


Cocnm'.ffioners  in 
20  Djjs. 


If  not,  to  be  an- 
fwcrable  for  the 
fimc. 


XXIII.  A  N  I)  he  it  further  Enacted^  by  the  Authority  afcrefaid.  That  the  faid   Commiffiontrs  to 
CommiiTjoners,   or  any  Fivfe  of  them,    within  Twenty  Days  after  fuch  Notice  ^eep^^^  ]^hlrTo 
given,    fliall  forthwith  proceed  to  the  Election  of  another  Library- keeper,    to  DaysNotic:. 
whofe  Cuftody  and  fafe  Keeping  the  faid  Library,  and  every  Book  therein  con- 
tained, fhall  be  forthwith  delivered  by  the  faid  Churchwardens,  by  Order  of  the 
faid  CommifTioners ;  which  faid  Librar^'-keeper  fo  elefted,  fhall  continue  in  the 
fame  Cilice,    unlefs  removed  by  the  faid  Commiflioners,  or  the  major  Part  of 
thpm,  (which  they  are,  upon  a  juft  Occafion,  hereby  impowered  to  do,)  or  until 
the  Settlement  of  a  Miniiter  in  the  faid  Pariili  •,  which  fiid  Minifter  or  Incumbent 
ihall,  ex  officio,  be  Library-keeper,    and  fhall  be  anfwerable  for  the  fame  to  the 
CommilTioners  aforefaid,  in  Manner  as  is  by  this  Ad:  direded. 


Who  may  be  re- 
moved. 

Minifttr  of  the 
Par;(h  to  bt  Li- 
brary-keeper. 


XXIV. 


PROVIDED  alivays.  That  the  faid  Library  Hi  all  not  be  removed  Library  not  to  br 
■out  o^  Bath-Tcivn,  other  than  to  the  Incumbent's  Houfe  •,  and  not  thither,  with-  remold  out  of 
out  Liberty  firil  had  and  obtained  from  the  faid  Commiflioners,  or  the  major 
Part  of  them. 


Town. 


XXV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  In-  i„'h^h\tMs  may 
habitants  o^  Beaufort  Precinft  {hall  have  Liberty  to  borrow  any  Book  out  of  the  borrow  Books,  to 
faid  Library,  giving  a  Receipt  for  the  fame  to  the  Library-keeper  for  the  Time  umiVed  Tme."  * 
l)cing,  with  a  Promife  to  return  the  faid  Book  or  Books,  if  a  Folio,  in  Four 
Months  Time ;  if  a  ^.artc,  in  Two  Months  Time  \  if  an  Octavo,  or  under,  in 
One  Month's  Timej  upon  Penalty  of  paying  Three  Times  the  Value  of  the  faid 
Book  or  Books  fo  borrowed,  in  Cafe  of  Failure  in  returning  the  fame :  And  the 
faid  Library-keeper  is  hereby  obliged  to  enter  fuch  Receipt  in  a  Book,  to  be  fairly 
kept  for  that  Purpofe,  and  upon  the  Return  of  any  Book  or  Books  fo  lent,  fliall 
note  it  returned  on  the  oppofite  Side  or  Column  of  the  faid  Book,  and  not  crofs 
•or  blot  the  fame :  And  in  'C3.{g  the  Perfon  that  borrows  any  Book  or  Books  out  Borrower  of 
-of  the  faid  Library,  doth  refufe  to  return  the  fame,  or  doth  damnify  the  faid 
Book,  upon  Complaint  thereof  given  by  the  faid  Library-keeper,  his  Executors 
or  Adminiftrators,  to  Two  or  more  of  the  Commiflioners,  and  by  them,  or  any 
Five  of  them,  to  the  Chief  Juuice  of  the  Province  for  the  Time  being,  or  any 
Two  Jufticcs  of  the  Peace,  it  fhall  be  lawful,  and  the  faid  Chief  Juftice,  or  any 
Two  Juftices,  are  hereby  impowered  and  required,  by  Warrant  ot  Diftrcfs,  di- 
rected to  any  of  the  Confliables  of  the  faid  Precind,  to  levy  Three  Times  the 
Value  of  fuch  Book  or  Books,  on  the  Goods  and  Chattels  of  the  Perfon  fo  refufing 
'to  deliver,  or  damnifying  the  fame  ;  and  for  Want  of  fuch  Diftrcfs,  to  commit 
the  Perfon  to  Prifon,  till  Satisfaction  be  made  to  the  faid  Library-keeper. 


B  oks  not  re- 
tuinine  them,  to 
forfeit    three 
Times  the  Value, 


XXVI.  AND  he  it  further  Enacted,    by  the  Authority  aforefaid.    That  the  '^^^TSo'II" 
Commiflioners  hereafter  named,  fliall  make,  or  caufe  to  be  made,  feveral  Cata-  and  ngn  them.  ' 
>^  Jogues  of  all  and  Angular  the  Books  in  the  faid  Library,  and  the  fame  being  fairly 
written,  and  figned  by  the  fiid  Commiflioners,  or  fome  Five  of  them,  One  to  be 
entered  upon  Record,  in  the  Secretary's  Oflice  of  this  Province,  One  to  be  in  the 
Cuftody  and  for  the  Ufe  of  the  Commiflioners  hereafter  named,  under  which  tlie  Catalogues  where 
'Library-keeper  fliall  fign  a  Receipt  for  the  refpedive  Books,  One  to  be  in  the  *"  "^  "  s«  • 

Cuftody 


L  A   IV  S     o/'    North-Carolina. 


Cullody  of  the  Churchwardens  of  St.  Thomases  Parifh  for  the  Time  being,  under 
which  the  Library-keeper  fhall  alfo  fign  a  Receipt  for  the  rtfpedive  Books,  and 
One  to  be  fairly  entered  in  a  Book  tor  that  Purpofe  to  be  kept  by  the  Library- 
keeper  in  the  faid  Library  ;  that  fo  any  Perfon  may  know  what  Books  are  con- 
tained therein. 

Cort^miflioners  to  XXVIL  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the 
fate  the  Books,  CommifTioners,  or  any  Five  of  them,  hereutter  named,  after  making  One  exaft 
Cataloo-ue  of  all  and  fingular  the  refpeftive  Books  in  the  faid  Library,  fliall,  and 
are  hereby  direfted,  to  appraife  and  rate  each  Book,  at  a  Price  certain  in  the  Cur- 
rent Money  of  this  Province  •,  which  Appraifment  Ihall  be  an  eftablifhed  Rule  to 
determine  the  Value  of  the  faid  Books,  in  Cafe  any  Suit  is  brought  by  the  faid 
CommifTioners  againfb^  any  Perfon  .that  lliall  detain  or  damnify  any  of  the  faid 
Books,  or  againlt  tne  Library-keeper,  his  Executors  or  Acfminiflrators. 

commimoners  to  XXVIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the 
cK^mine  the  V-  Commiflloncrs  hereafter  named,  or  any  Five  of  them,  fliall,  every  Year,  on  Ea- 
SiaryonceaYear.  j^^^nday  Yearly,  refort  to  the  Houfe  where  the  faid  Library  fliall  be  kept, 
and  there  examine  the  Books  thereof  by  the  Catalogue,  and  fee  that  there  be  the 
full  Number,  and  that  they  are  not  damaged  or  fpoiled  -,  and  therefore  the  Li- 
brary-keeper is  hereby  required,  in  lending  any  of  the  faid  Books  out  of  the  faid 
Library,  notwithftanding  the  Time  ufuaily  allowed  by  this  Adf,  to  oblige  the  faid 
Perfon  to  return  fuch  Books  as  they  borrow  to  the  faid  Library-keeper  Ten  Days 
before  the  faid  Eafter  Monday,  Yearly,  that  fo  all  and  fingular  the  Books  belong- 
in  o-  to  the  Library  aforefaid,  may  be  expofed  to  the  View  of  the  faid  Commifllon- 
er^  the  better  to  enable  them  to  judge  if  they  be  any  ways  damaged  or  fpoiled, 
and  give  their  Order  accordingly. 

cnmnv.ffn  n  XXIX.    A  N  D  be  it  furthcr  Enabled,    by  the  Authority  aforefaid.    That  the 

named  and  ap-     Honourable  Charles  Eden,  Lfq-,    prcfent  Govv.rnor,  and  the  Governor  or  Com- 
^' "'"*■  mandtr  in  Chief  for  the  Time  being,  the  Members  of  the  Council  for  the  Time 

beins;,  Chrtflopher  Gale,  Ffq-,  Chief  Jufl:ice,  and  the  Chief  Juft:ice  for  the  Time 
being'  'Tobias  Knight,  Efq^  Secretary,  and  the  Secretary  for  the  Time  being, 
Coi^Edivard  Mofcley,  Speaker  of  this  prefent  AlTtmbly,  and  the  Speaker  for  the 
Time  being,  Bawel  Richardfon,  Efq-,  Attorney-General,  and  the  Attorney-Gene- 
ral for  the  Time  being,  the  Members  of  the  Precintl  Court  for  the  Time  being, 
Capt.  Frederick  Jones,  Mr.  John  Porter,  Mr.  Joel  Martin,  Capt.  John  Drinkwa- 
ter,  Mr.  John  Clark,  Mr.  Patrick  Maule,  Mr.  Thomas  Worfeley,  Mr.  Lionel 
Reading,  Mr.  James  Leigh,  and  Mr.  Tho?nas  Harding,  or  any  Five  of  them,  are 
hereby  nominated  to  be  Commiflioners  and  Truftees,  for  the  due  Infpedion  and 
Prefervation  of  the  Library  aforefaid,  and  all  and  fingular  the  refpedtive  Books  to 
the  fame  belonging  -,  and  they,  or  any  Five  of  them,  fliall  have  Power  to  com- 
mence or  bring  any  Suit  or  Acl:ion  given  by  this  A61. 

inCaicofDeaih      XXX.  A  N  D  in  Cafc  of  the  Death  or  Abfence  of  any  of  the  Commiflioners 
?e/.!'/?hTcom!  who  are  by  this  Ad  particularly  by  Name  before  appointed,  then  the  furviving 
Tnifiioners\o"a"-  CommifTiontrs,  or  any  Five  of  them,  at  their  next  Meeting  after  fuch  Vacancy, 
.point  others.       ^^^  hereby  fully  authorifed  and  impowered  to  make  Choice  of  another,  in  the  Place 
and  Stead  of  him  or  them  who  fliall  be  dead  or  abfcnted  ;  which  faid  Commif- 
fioners  fo  elected  fliall  be  invefl:ed  with  the  fame  Authority,  as  if  he  had  been  be- 
fore in  this  Ad  particularly  named  and  appointed. 

conmimoners  to       XXXI.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  theCom- 

hl'^'btrTow'lJ"  miffioners  above  named,  or  any  Five  of  them,  after  having  examined  the  Catalogue 

of  Books,  and  difcovered  what  are  wanting,  fliall  fummons  fuch  Perfons  as  have 

the  faid  Books  in  their  Cuftody,  to  deliver  the  fame,  within  Twenty  Days  after 

fuch 


LA     IV    S      ^     N  O  R  T  H  -  C  A  R  O  L  I  N-  A. 


37 


V ' 

Bocks,  to   Ac- 
count. 


P^Tfons  who  have 
to  return 


fuch  Notice  in  Writing  Ic-ft  with  the  Perfon,  or  at  his  ufual  Place  of  Abode  •,  and    ^^-  -d.  1715. 
in  Cafe  any  Perfon  fnall  fail  or  refufe  to  deliver  the  faid  rcfpedive  Books  to  the  ' 
faid  Commiffioners,  then  the  laid  Com mifiioners,  or  any  Five  of  them,  are  here- 
by required,  direded,  and  impowered,  to  take  fuch  Meafure  for  the  Recovery  of 
the  fame,  or  treble  the  Value  thereof,  as  is  before  by  this  Act  prefcribed. 

XXXII.  AN  D  be  it  further  EnaSfcd,  by  the  Authority  aforefaid.  That  all  Per-  i-^o 
fons  that  have  borrowed,  or  have  in  their  Cuftody,  any  of  the  Books  belonging  ^°"^''  -  — " 
to  the  Library  aforefaid,  fliall,  on  or  before  the  next  Eajler  Monday,  return  the  f^,  m^ay 
fame  to  the  prefcnt  Library-keeper,  under  the  Penalty  of  the  Forfeiture  of  treble 

the  Value  of  each  Book  not  returned  as  aforefaid  •,  the  better  to  enable  tiie  Com- 
miflioners  before  named  to  make  a  perlccl  Catalogue  of  the  Books  belongino'  to 
the  faid  Library. 

XXXIII.  A  N  D  be  it  further  EnaSled^  by  the  Authority  aforefaid.  That  for  the  ^^d  Town,  to  e 
further  Encouragement  ot  the  Town  of  5«/;6,  and  all  other  Towns  now  or  here-  i'-'^  oneBuigefs' 
after  to  be  built  within  this  Government,  it  fhall  and  may  be  lawful  for  the  P>ee- 

holders  of  the  faid  Town  of  B.ith,  and  of  all  other  Towns  now  or  hereafter  to  be 
built  within  this  Government,  at  all  Times  hereafter  when  Reprefentatives  or  Bur- 
geffes  are  to  be  chofen  for  the  Precin6l  wherein  the  Town  lies,  to  eled;  one  Bur- 
gefs  to  rcprefent  the  fime  in  all  fucceeding  Aflemblies. 

# 

XXXIV.  PROVIDED  always.  That  this  Eledlion  for  Members  of  Allem-  p,>vir.. 
bly  to  ferve  tor  the  Town  of  Bath,  of  any  other  Town  whatfoe ver,  fhall  not  be- 
gin or  conunence  till  fuch  Town  fhall  have  at  leaft  Sixty  Families.     ' 

XXXV.  PROVIDED  alfo.  That  nothing  in  this  Aft  contained,  fhall  be  Provifo. 
held  or  taken  to  limit  or  hinder  the  Inhabitants  of  Newbern  from  fendino-  a  Re- 
prefentative  to  the  Affembly,  being  hereby  allowed  although  there  fhould  not  be 
Sixty  Families  inhabiting  in  the  faid  Town. 


CHAP.    Lin. 
4 

An  AB,  concer?^7g  Ordijiary-keepers  and  Tippli?ig-houfes. 


Rep.  by  Aa,  A- 

/"■"'4.  1 74 1. 
\'"Myj  '  Chap.  20. 


C.H  A  P.     LIV. 

An  Act,  afcertain'mg  the  Currency  of  Dollars.     O  B  S. 


CHAP.     LV. 

An  AB,  afccrtaining  the  Damage^  upon  protefied  Bills  of  Exchange,        Rep.  by  aa,  a. 

fril^,    1741. 


Chap,  16. 


C  H  Ar~  LVL 

Piibiick  Letters  how  to  be  conveyed.     O  B  S. 

K  CHAP. 


38  L  A  W  S    of    Nor  TH-C  AR  o  L  iTa. 

'^'A.  D.    Ills. 

"-"^ '  CHAP.    LVII. 

Rep  by  Aft,^  ^^j  A5i^  to  prevcHt  taking  Boats,  Canoes,  ajid  Pettiaguas,  from  La?idmgs^ 
Chap.  13.  '  njcithout  Leave. 


CHAP.     LVIII. 

3!.-p.  by  Aft.  An  Aci,  to  afcertain  Officers  Fees, 

April   6,     1748. 
Chap.  2. 


CHAP.     LIX^ 

An  A£i,  for  reflraining  the  Indians  fro7n  ^nolefiing  or  injurifig  the  Ijiha* 
bitants  of  this  Government,  and  for  fecuring  to  the  Indians  the  Right 
and  Property  of  their  own  Lands. 

Preamble.  J.  TjT  T  H  E  R  E  A  S  before  the  late  War,  daily  and  grievous  Complaints  of 

y^  the  Depredations  and  Infults  of  the  Indians  were  exhibited  againft  them, 
by  divers  Perfons  bordering  upon,  and  refiding  near  to  the  Habitations  of  the  faid 
Indians:  For  the  Prevention  of  the  like  Dilbrders  for  the  Time  to  come,  and  for 
the  cultivating  a  better  Underfbanding  with  the  faid  Indians,  the  Want  of  which 
has  been  fo  injurious  to  the  Government ; 

II.  Be  it  EnaHed,  by  his  Excellency'^  4,h^  Palatine,  and  the  reft  of  the  true  and 

ahfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent    of 

this  prefent  General  Jffcwb/y,    now  met  at  Little  River,   for  the  North-Eail  Part 

of  the  faid  Province^  and_  it  is  hereby  Enabled  by  the  Authority  of  the  fame.  That 

Indian!,  killing    whocver  fliall  difcover  or  find  any  Indian  or  Indians  killing,  hunting,  or  in  Pur- 

S"''to\^'"u'"''    ^'^^^'-  ^^  '^"y  Horfes,  Cattle,  or  Plogs,  the  Right  and  Property  whereof  is  in  any 

niflied.  white  Man,    inhabiting  within  this  Government^  every  fuch  Perfon  or  Perfons, 

on  Difcovery  or  Sight  thereof,  may,  and  he  is  hereby  impowcred,  to  apprehend 

and  feize  every  fuch  Indian  or  Indians,   and   him  or  them  fo  apprehended  and 

taken,  to  convey  before  fome  one  ot  the  Commifiioners  to  be  appointed  for  Indian 

Affairs,  and  for  want  of  fuch,  before  the  nejif  Mag^rate  •,  which  faid  Commif- 

fioner  or  Magiftrate,  together  with  the  Ruler  or  Head  Man  of  the  Town  to  which 

fuch  Indian  Delinquent  may  belong,  is  and  are  hereby  impowered  to  punifh  every 

fuch  Delinquent  in  fuch  Manner  as  the  Nature  of,  the  Offence  may  require,  and  to 

Right  to' appeal,  award  Rellitution  to  the  Party  injured  for  all  Damages  by  him  fuftained  ;  faving 

always  the  Right  of  Appeal  to  the  Governor  and  Council,  if  either  Party  fliall 

think  themfelves  aggrieved  or  wronged  thereby.' 

Dftorences  be-  JU,  AND  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Dit- 
vvTite  Men7how  fctcncc  fliall,  for  the  future,  arife  between  any  white  Man  ^n^^^  Indian,  concerning 
to  be  determined.  Tradc,  or  othcrwifc  howfocvcr,  every  fuch  Difference  fliall  be  heard,  tried,  and 
determined  by  fuch  Commiffioners  as  the  Governor  or  Commander  in  Chief  tor 
the  Time  being  fliall  appoint,  together  with  the  Ruler  or  Head  Man  of  the  Town 
to  which  the  Indian  belongs  •,  faving  offf^  the  Right  of  Appeal,  as  is  herein  beiore 
faved  and  excepted. 

IV.  AND  whereas  there  is  great  Realon  to  believe,  that  Difputes  concerning 
Land  has  already  been  of  fital  Confequence  to  the  Peace  and  welfare  of  this  Co- 
lony ; 


L^^^'S'o/'North-Carolina.  39 

lony  •,  Be  it  further  Enatlcd^  by  the  Authority  aforejaui^    Ihat  no  white  Man  fliall,    f^JLJZlZ/ 
for  any  Confideration  wliatfoever,  purchafe  or  buy  any  Tratt  or  Parcel  of  Land,  no  Perfon  t,.  buy 
claimed  or  aftually  in  Poirellion  of  any  Indian,  without  fpecial  Liberty  for  fo  do-  ]^'^l'^^l  confcnc 
ino-  from  the  Governor  and  Council  firfl  had  and  obtained,  under  the  Penalty  of  ofGovemur  an* 
Iwenty  Pounds  for  every  Hundred  Acres  of  Land  fo  bargained  for  and  pur-  '^''"""=''- 
chafed ;  one  Half  to  the  Informer,  and  the  other  Half  to  him  or  them  that  fliall 
fue  for  the  fame  :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court 
of  Record  within  this  Government ;  wherein  no  EIToign,  Proted:ion,  Injunftion, 
or  Wager  of  Law,  lliall  be  allowed  or  admitted  of. 

V.     AND  be  it  further  Enacted,  by  the  Authority  nforefnid.  That  whatever  White  Men  not 
white  Man  fhall  defraud  or  take  from  any  of  the  Indians  his  Goods,  or  fliall  beat,  ^°™^    "  '""• 
abufe,  or  injure  his  Perfon,  each  and  every  Perfon  fo  offending,  fliall  make  full 
Satisfadion  to  the  Party  injured,  and  fliall  fuffer  fuch  other  Punifliment  as  he 
fliould  or  ought  to  have  done,  had  the  Offence  been  committed  to  an  EngUfhman. 


F 


C  H  A  P.     LX. 

Publick  Treafurcrs  to  give  Account. 

O  R  Prevention  of  Frauds  in  the  Management  and  Difpofal  of  Public 
Monies  •, 


II.  B  E  it  Enabled,  by  his  Excellency   the  Palatine,  and  the  refi  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little 
River,  for  the  North-Eafl:  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  all  Perfons  whatfoever  within  this  Province,  (be 
they  of  what  Qtiality  or  Condition  foever,)  that  form.erly  have  been,  now  are,  or  ^rnedw'ithPu"- 
hereafter  fliall  be  Treafurcrs,  Colle6lors,    or  Receivers  of  Public  Monies,  now  '■<:  Money,  to 
raifed,  or  hereafter  to  be  raifed,  by  the  Authority  of  the  General  Affembly,  or  Afr^mbi^ 
who  by  any  Ways  or  Means  have,  are,  or  fliall,  for  the  future,  be  poffeflTed  of 
the  fame,  or  any  Part  thereof,  fliall,  from  Time  to  Time,  and  at  all  Times  here- 
after, be  accountable  to  the  General  Affembly,  or  to  fuch  Commiflioners  as  fliall 
or  may  be  appointed  by  the  Authority  of  the  fame,  and  to  no  other  Perfon  or 
Perfons  whatfoever. 


CHAP.     LXL 

An  ASf,  for  a  Town  ofi  Roanoke  JJland,  for  the  'Encoiiragemeitt  of  'Trade  ^^p-  ^y  ^^j' 

from  Foreign  Parts,  -,  chap,  n'. 


CHAP.    Lxn. 

Ati  A61,  for  raifing  Corn,  to  fatisfy  the  Debt  due  from  this  Government^ 
to  the  Honourable  Charles  Craven,  Efq;  Governor  of  South-Carolina ; 
and  for  the  SiihfijlaJice  of  fuch  Forces  as  jhall  be  raifed  for  the  neceffary 
Defence  of  the  Frontiers  of  this  Government,     O  B  S. 

CHAP. 


40 


L  A   JV  S    of    North-Carolina. 


A    D      1715. 


CHAP.     LXIII. 

An  AB^  for  raifmg  the  Sum  of  Two  Thoifand  Pounds,  A72nually,  till  the 
Public  Debts  are  anfwered  and  paid,  for  the  better  encouraging  the 
Currency  of  the  Public  Bills  of  Credit.     O  B  S. 


CHAP.     LXIV. 

An  ASi,  impowering  Johanna  Peterfon,  Widow  of  Thomas  Peterfon, 
late  of  Albemarle  County,  Efq\  to  make  Sale  of  certain  Lands,  late  be- 
longing to  the  faid  Thomas  Peterfon  5  and  to  make  other  Provifon  for 
Anna,  the  Daughter  of  the  faid  Thomas  Peterfon,  to  whom  the  faid 
Lands  do  defcend. 


Private,  J.  -v-^THEREAS  'Thowias  Peferfcn,   late  of  Albemarle  County,    Efq-,  died 

YY  feifed  and  poiTeffcd  in  his  Demefne,  of  Fee,  of,  in,  and  to  a  certain 
Plantation  or  Traftot  Land,  lying  in  the  Fork  of  ^een  Anne's  Creek,  in  Chowan 
Precinft,  containing,  by  Eftinution,  Four  Hundred  Acres,  be  the  fame  more  or 
Itfs,  butted  and  bounding  to  the  Eajiward  on  the  Town  Land,  and  to  the  IVeJi- 
ward  on  Sicccml's  Creek  ;  and  aifo,  of,  in,  and  to  one  Half  Acre  or  Lot  of  Land 
in  Bath-Toivn,  butting  and  bounding  to  the  Southward  on  the  Lot  of  Col.  Xpher 
Gale,  and  to  the  Northward  on  one  of  the  Crofs  Streets  •,  which  faid  Plantation 
and  Lot  of  Land,  do  defcend  unto  Anna,  an  Infant,  the  Daughter  of  the  faid 
'Tb etnas :  And  whereas  Johanna,  the  Mother  of  the  faid  Afwa^  by  her  Petition 
preferred  to  this  Affembly,  is.  very  willing,  for  the  Advancement  of  the  i'&id  Anna's 
Portion,  to  relinquifh  h^r  Right  of  Dower  of,  in,  an,d  to  the  faid  Lands  and  Lot, 
provided  that  the  fame  Lands  and  Lot  may  be  fold,  to  and  for  the  Ufe,  Benefit, 
and  Intereft  of  the  faid  Anna,  the  faid  Lands  and  Lot  now  having  confidcrablc 
Improvements  thereon,  which  makes  them  valuable-,  which  otherwife  will  be  very 
much  impaired  and  ruined  before  the  faid  ylmia  fliall  come  ot  Age  :  Wherefore, 

II.  B  E  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  rcji  of  the  true  and 
ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  refi  of  the  Members  of  the  General  Affembly,  now  met  at  Little  Ri- 
ver, for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Ena^ed,  by 
the  Authority  of  the  fame.  That  the  faid  Johanna  be,  and  Ihe  is  hereby  impowered, 
to  bargain,  fell,  alien,  enfeoff,  and  transfer  the  faid  Plantation  or  1  rad:  of  Land 
lying  in  the  Fork  of  ^een  Anne's,  Creek,  in  Chowan  Precinft,  containing,  by 
Eftimation,  Four  Hundred  Acres,  be  the  fame  more  or  lefs,  butting  and  bound- 
ing to  the  Eajiward  on  the  Town  Land,  and  to  the  IVeJlward  on  Slocomb's  Creek ; 
alfo  one  Half  Acre  or  Lot  of  Land  in  Bath-Town,  butting  and  bounding  to  the 
Southward  on  the  Lot  of  Col.  Xpher  Gale,  and  to  the  Northward  on  one  of  the 
Crofs  Streets  ;  or  any  Part  or  Parcel  of  the  fame,  to  any  Perfon  or  Perfons  that 
iliall  be  willing  to  give  moft  Money  for  the  fame  •,  to  have  and  to  hold  the  fame 
to  fuch  Purchafer  or  Purchafers,  his  or  their  Heirs  and  Affigns,  for  ever. 

III.  AND  for  the  better  fecuring  the  Money  arifing  by  fuch  Sale,  to  and  for 
the  Ufe,  Benefit,  and  Intereft  of  the  faid  Anna,  her  Heirs  and  Affigns  ;  It  is  here- 
by further  Enacted,  That  immediately  at  and  upon  the  Sale  of  the  aforefaid  Plan- 
tation or  Trad  of  Land,  and  Lot,  or  any  Part  of  the  fame,  the  faid  Anna  fhall 
ftand  and  be  feifed  in  her  Demefne,  as  of  Fee,  of,  in,  and  to  one  certain  Planta- 
tion or  Trad  of  Land,  whereof  the  faid  Johanna  is  and  now  ftands  feifecl  and 

poflefied 


LA   IV  S    of    North-Carolina.  41 


A.    D.     i; 


poiTefled  of,  in  Pequmons  Frecintt,  containing,  by  Eftimation,  One  Hundred  ■ 
and  Seventy  Acres,  be  the  fame  more. or  lefs,  fituate,  lying,  and  being  on  C^Jik- 
ton's,  or  Laker's  Creek,  butting  and  bounding  on  the  Lands  of  Inliana  Lakers 
and  Richard  Skinner  ;  to  have  and  to  hold  the  fame  Plantation  or  T.> aft"  of  Land, 
to  her  the  faid  Amia,  her  Heirs  and  AlTigns,  in  Fee-Simple,  vy}tlv\Condition,  that 
if  the  faid  Johayina  do  pay  the  Monies  arifing  by  I'uch  Sale  to  tlie  faid  ylnna,  at 
and  upon  her  Arrival  to  the  Age  of  Eighteen  Years,  or  Day  of  Marriage,  or 
otherwife  appropriate  the  Monies  arifing  by  the  Sale  of  the  aforefaid  Plantation  or 
Traft  of  Land  at  the  Fork  of  ^.een  Anne's  Creek,  and  Lot  aforefaid,'  by  pur- 
chafing  young  Female  Slaves  for  the  Lffe  of  the  fai<^  Anna  \  then  the  aforefaid 
Efbate  of  the  faid  Anna,  of,  in,  and-  to  the  afore-mentioned  Plantation  or  Tra6t  of 
Land  in  Psqtiimons  Precindl,  to  be  invalid  and  of  no  Force  or  Effedl. 


CHAP.     LXV. 

All  A5t,  Confirming  the  T'itles  of  fundry  Pe?fons  who  hanje,    or  hereafter 
ma)\  pur  chafe  Lands  of  Col.  Thomas  Cary,  in  Bath  County. 

I.  TTTHEREAS  Co].  'Thomas  Cary  taking  up  and  purchafing  divers  Lands  Pnwte, 

V V  ^^'^  Plantations  in  Baih  County,  the  Deeds  or  Patents  paffed  for  the 
fame  have  been  taken  in  the,/ Name  of  John  Cary,  an  Infant,  Son  of  the  faid 
1'homas,  although  the  Purchafe-Money,  or  Confideration  paid  for  the  fame,  was 
actually  and  bona  fide  the  Monies  of  the  faid  'Thcmas,  and  by  him,  the  faid  Tho- 
mas, paid:  And  whereas  the  {:i\d.  Thomas  Cary  having  bargained,  fold,  aliened, 
and  transferred  unto  divers  Perfons,  and  their  Heirs,  feveral  Trafts  or  Parcels  of 
Land,  in  Bath  County  aforefaid,  and  is  intended  to  bargain,  fell,  and  transfer  the 
remaining  Part  of  the  aforefaid  Lands  in  Bath  County  :  Wherefore,  for  avoiding 
Difputes  that  may  hereafter  arife  concerning  the  aforefaid  Title,  taken  in  the  a- 
forefaid  John  Cary's  Name,  and  for  eafirig  and  quieting  the  Minds  of  fuch  Per- 
fons as  have  purchafed  the  fame,  or  may  hereafter  purchafe  from  the  faid  Thomas 
Cary,  and  purfuant  to  the  Petition  of  the  faid  Thomas  Cary ; 

II.  B  E  it  Enabled,  by  his  Excellency  )he  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Pro'vince  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  AJfembly,  now  met  at  Little 
River,  for  the  North-Eafl  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  all  and  fingular  the  Bargains,  Sales,  Alienations, 
and  Conveyances,  already  made  and  paffed,  or  hereafter  to  be  made  and  pafTed, 
by  the  faid  Thomas  Cary,  unto  any  Perfon  or  Perfons  whatfoever,  their  Heirs  and 
AfTigns,  of,  in,  and  to  any  of  the  Lands,  Tenements,  and  Plantations,  in  Bath 
County,  which  lately  were,  or  now  are,  in  the  PofTefTion  or  Occupation  of  the 
faid  Thomas  Cary,  and  for  which  Deeds  or  Conveyances  have  been  made  and  paf- 
fed, to  and  for  the  Ufe  of  the  fiiid  John  Cary,  an  Infant,  Son  of  the  faid  Thomas 
Cary,  or  in  the  Name  of  the  faid  John,  fliall  fland,  be,  and  for  ever  remain, 
tfirm  and  available  inXaw  and„Equity,  to  fuch  Purchafer  or  Purchafers,  their 
Heirs  and  AlTigns,  having,  or  hereafter  to  have,  from  the  faid  Thomas  Cary,  any 
Bargains,  Sales,  Alienations,  or  Conveyances  for  the  fame  ;  any  fuch  Deeds  of 
Sale,  Conveyance,  or  Alienation  formerly  made  in  the  faid  John  Cary's  Name, 
or  to  or  for  his  Ufe  and  Behoof,  notwithflanding. 


CHAP. 


/■"\ 


42  Ly4^Sof    North-Carolina. 

A    D.    1715. 

CHAP.    LXVI. 

An  AB,  for  the  Confirmation  of  the  Laws  pajfed  this  SeJJion  of  Affemhly, 

and  for  Repealing  all  former  haws  not  herein  particularly  excepted, 

OBSOLETE. 


S  I  G  N  E  D  by 

Charles  Eden,  Efq;  Governor, 

N.  Che^iti,  W.  Reed, 

Chr,  Gale,  Tobias  Knight, 

Francis  Forfier^ 

Lords  Proprietors  Deputies. 


Edward Mofeley,  Speaker, 


Anno 


LAWS     o/'    North-Carolina.  4;; 


A.  iX    1720. 


uS  fl!o  ^  o!o  Jiti  tSu  t-fe  «;a  tAO  tXo  t^to  t'Sj  ^*^ 

Mih^  M'&  MW>^  M£l  ,.4'^Cl  MikJM&  i#.Skik 

Anno  Regni 

G  E  O  R  G  I  I 

Regis,    Macr^ie  Britannia^    Franct^e^    &  Hiberni^, 

Sexto. 


At  a  General  Biennial  ASSEMBLY,  held  at  the  Court-  L"bnVe4 
houfe   in  Chonjoan  Precinct,    the   Second   Day  of  Augujl,  ''"^"""" 
One  Thoufand   Seven   Hundred   and  Twenty,  and   con- 
tinued, by  feveral  Adjournments,  to  the  Twentieth  Day 
of  the  fame  Month. 


CHAP.    I. 

An  A6t^  for  lejfening  the  Poll  and  Land  TaXy  and  for  preventing  of  Con- 
cealments.    REPEALED. 


'       CHAP.     II. 

An  additional  A6ty  to  the  AB,  intituled^  An  Ad:,   for  Eftabliihing  the  Rep.  by  Aft, 
Church,  and  appointing  Seledt  Veftries.  ■^^^'  +.  »745. 


CHAP.     III. 

An  ABy  in  Addition  to  the  AB^  For  making  a  Town  at  ^een  Anne'^  Rep.   by  as, 

Creek.  ^«^«/?  11,1740, 

Chap.    I, 


CHAP, 


44  X^/F5o/'    North- Carolina. 

A.  D.     ijio. 

'      '      '  C  H  A  P.     IV. 

Rep.  by   Aft,  ^/z  additiotial  A5i  to  an  ASf,  intituled^  An  A61,  concerning  Ordinary- 
cCp.  19.       "  keepers  and  Tippling-houfes. 


CHAP.     V. 

Rep.   by  Aft,  An  A£f,    in  Explanation  of  the  AB,   Concernins;  Servants  and  Slaves. 

Aprils,     1741.  r  J  O 

Chap.  44. 

CHAP.     VL 

An  AB,  to  confirm  a  Decree  ?nade  in  the  Court  of  Chancery  of  this  Pro- 
evince ,  upon  a  Bill  of  Complaint  exhibited  by  William  Duckenfield,  Efq-^ 

Private.        '     I,  "T"]|THEREASata  Court  of  Chancery,  held  the  Eleventh  Day  o'i  May, 
Y  V     ^^^  ThoLifand  Seven  Hundred  and  Thirteen,  upon  the  Complaint  of 
William  'Duckenfield^  Efq-,  a  Decree  was  palled  in  thefe  Words,  -viz. 

'North-Carolina^  IT. 
At  a  Court  of  Chancery  held  at  the  Houfe  of  Capt.  'Thomas  Lee,  in  Chowan  Pre- 
cin6t,  on  Monday  May  the  nth,  Anno  Domini  171 3. 

PRESENT, 

The  Honourable  T H o M A s  Pollock,  Efq-,  President, 

f   'Thomas  Boyd.,     ^ 

nr,     TT  ui      J    William  Reed,      \    -^r        Lords  Proprietors 

The  Honourable  <;    ^^^^^  ^^^^^  v,   Efqrs.,  ly^^^^,^,^ 

\^  Tobias  Knight,    J 

'  Upon  reading  the  Bill  of  Complaint  o^  William  Duckenfield,  of  the  Precin6l 
'  of  Chowan,  Efq;  this  Day,  therein  fetting  forth,  That  he  the  faid  William 
'  Duckenfield,  about  Sixteen  Years  laft  paft,  was,  and  yet  is,  lawfully  feifed,  in 

*  his  Demefne,  as  of  Fee,  of  and  in  one  large  Tra6l  or  Parcel  of  Land,  in  the 
'  Precinft  aforeiaid,  containing,  by  Eftimation,  Four  Thoufand  Acres,  bounding 

*  on  Albemarle  Sound  Eafizvard,  and  on  Salmon  Creek  Wefiward,  and  being  thereof 

*  fo  feifed,  one  John  Arderne,  Efq-,  coming  into  this  Government,  and  being 
'  fomething  related  to  him  the  faid  Duckenfield,  by  Intermarriage,  and  the  faid 
'  John  Arderne  being  in  low  Circumftances,  and  not  in  Poffeflion  of  any  vifibie 
'  Eftate,  he  the  faid  Duckenfield,  the  better  to  give  Credit  and  Reputation  to  him 
'  the  faid  Arderne,  and  to  put  him  in  Pofleffion  of  a  vifible  Eftate,  thereby  to 
'  advance  himfelf,  upon  efpecial  Truft  and  Confidence  which  he  then  repofed 
'  fecretly  in  the  faid  Arderne,  by  his  Deed,  fufficient  in  the  Law,  bearing  Date 
'  the  Thirty  Firft  Day  of  July,  Anno  Domini  lyoz,  did  grant,  bargain,  and  fell 
'  unto  the  faid  Arderne,  the  aforefaid  Tracfl  or  Parcel  of  Land,  containing  Four 
'.  Thoufand  Acres  ;  to  have  and  to  hold  the  fame  unto  him  the  faid  Arderne,  his 

*  Heirs  and  Affigns,  for  ever  :  Which  faid  Deed  mentions,  that  the  fame  was  for 
'  and  in  Confideration  of  the  Sum  of  Two  Hundred  Pounds,  in  Hand  paid, 
'  when,  in  Truth,  the  faid  Two  Hundred  Pounds  was  not  paid,  nor  any  Part  or 

*  Parcel  thereof,  nor  intended  to  be  paid,  nor  indeed  could  the  faid  Arderne  pre- 

*  tend 


L    ^     7'^    .?       c/     N  O  R  T  H  -  G  A  R  O  L  I  N  A.  45 


tend  to  pay  the  fame  ;  but  the  laid  Deed  was  palled  for  no.  other  Reafon  than 
what  is  above  alledged :  And  further,  that  the  faid  Deed  was  not  only  meant 
and  intended  to  be  in  IVuft,  to  the  Ule  of  him  the  faid  Duckevfield,  Efq-,  but, 
at  the-Time  of  the  making  thereof,  it  was  fo  declared  and  exprcifed,  as  well  by 
the  faid  Duckcnfidd,  as  by  the  faid  Ardcrne,  in  Prefence  and  Hearing  of  divers 
WitnefTes,  and  not  to  the  Ufe  of  the  faid  Arderne,  other  than  in  Cafe  the  faid 
Ardenie  fhould  outlive  him,  i^c.  And  further,  that  the  faid  John  Arderne  did, 
as  well  at  the  ligning  the  faid  Deed,  as  at  divers  Times  fince,'  declared  to  divers 
Perfons,  -  that  he  did  not  pay  the  Two  Hundred  Pounds,  and  that  the  fame 
Deed  "was  palTed  to  -him  for  no  other  Ufe,  Intent,  or  Trufl  whatfoever,  than 
that  the  lame  lliouid  abfolutcly  return  to  him  the  faid  Dude  .fields  in  Cafe  he 
fhould  out-Jive  the  faid  yf .-i.rw ;  and  alfo,  that  the  {'Adi  Arderne^   willing  to 
make  known  to  the  World  the  many  and  uncom.mon  Favours  which  he  had 
received  from  him  the  fiid  Duckenjield,  by  his  Lail  Will  and  Teftament,  in 
Writing,  bearing  Date  the  2 2d  Day  oiOSioher^  ^l^l->  doth' make  ample  ivlen- 
tion  of  the  fame,  and  that  his  Intention  was,'  to  give  all  his  Eflate,  both  Real 
andPeribnal,  that  he  was  poffelfed  of,  or  fliould  have  Right  to,  to  him,  v/hich 
he  confirm.s  by  divers  Aileverations  in  the  faid  Will  mentioned,  as  by  the  fame 
will  and  may  appear :  Notwithftanding  which,  divers  Perfons,  injurioufly.  de- 
figning  to  bring  in  Queftion  his  the  faid  Duckenfield' s  Tide  to  the  aforefaid  Four 
Thoufand  Acres  of  Land,  altho'  he  was  never  out  of  PoffeiTion  ihereof,.'do 
give  out,  that  the  Fee-Simple  of  the  faid  Land  is  not  in  him,  but  in  the  Heirs 
of  the  faid  John  Arderne^  and  the  Trull  repofed  by  him  the  {&id'l'filiia)n  Bucken- 
Jield :  And  forafmuch  as  the  faid  Deed,    in  Writing,    is  abfolutely   .without 
any  Ufe  declared  or  expreffed  therein,  and  without  any  Trufi:  in  the  fime  men- 
tioned, and  that  the  aforefiid  Will  ot  the  faid  John  Arderne  doth  not  iTuke  ex- 
prefs  Mention,  that  the  fame  Four  Thoufand  Acres  commonly  known  by  the- 
Name  of  Salmon-Creek^  were  given,  devifed,  and  bequeathed  unto  him  the  faid 
Duckenfield,  and  his  Heirs,  for  lack  and  want  ot  Knowledge  in  the  Law  of  the 
faid  John  Arderne^  how  to  ufe  apt  and  exprefs  Words  for  the  granting  and  con- 
veying the  fame  back  again  to  him,  purfuant  to  the  Truft  repofed  in  the  faid 
John  Arderne,  altho'  the  Intent  and  Meaning  of  the  faid  Arderne  fo  to  do  may 
be  fufficiently  proved  and  obferved  ;  and  the  faid  John  Arderne  being  now  dead, 
wlio  could  make  appear  that  the  Allegations  in  this  Bill  of  Complaint  are  true 
and  certain,   and  divers  Evidences  or  vVitnefies,  as  well  to  the  faid  Deed,  who 
could  prove  the  aforefaid  Ufe  or  Truft  declared,   and  divers  other  Witneffes 
which  he  could  have  produced  to  prove  the  fame,  are  fome  dead,  others  re- 
moved to  Parts  unknown,  fonie  aged  and  impotent,  and  living  far  off,  and  not 
able  to  travel  to  this  Court,  and  others  being  tranfcient  Perfons,  £fff.  do  there- 
fore pray.  That  a  Commiffion  may  be  ifllied  out  of  this  Court,  direded  to  fuch 
Perfons  as  may  be  thought  fitting,  to  examine  fuch  WitneiTes,  in  perpetuam  ret 
Memoriam,  as  fhall  be  produced  by  him  the  faid  Ducke/tfield,  for  the  Proof  of 
the  aforefiid  Ufe  or  Truft,  ^c.  and  alfo,  that  by  the  Decree  of  this  Court,  he 
may  be  relieved  in  the  Premifes,  and  the  Fee-Simple  0/  the  aforefaid  Land  be 
adjudged  and  decreed  to  him,  &c.  And  upon  reading  the  fevcral  Depofitions 
taken  by  Vertue  of  the  aforefaid  Commifiion  out  of  this  Court,  as  alfo  the  Will 
ot  the  faid  John  Arderne,  and  upon  due  and  mature  Confideration  thereon,  this 
Court  are  of  Opinion,  That  the  faid  Deed  mentioned  in  the  faid  Bill  was  made 
only  in  Truft,  and  that  no  Confideration  was  ever  paid  and  fatisiied,  or  intend- 
ed to  be  paid  or  fatisfied,    for  the  fame  -,  and  it  is  the  Opinion  of  this  Court 
likewife,  thit  the  faid  John  Arderne'?.  Intent  and  Defign,  by  his  Laft  Will  and 
Teftament,  was  to  give  and  bequeath  the  fame  Lands  back  again  to  him  the  faid 
William  Duckenfield,  and  his  Heirs,  for  ever,  although  exprefs  Mention  thereof 
be  not  made  therein. 

M  *  W  H  E  R  E- 


-V— 


46  LAWS     o/'North-Carolina. 


yi  r>. 


*  WHEREUPON  this  Court  do  Declare,  Adjudge,  Order,  and  Decree, 
'  That  the  aforefaid  Deed  be  null  and  void,  and  that  the  aforefaid  Four  Thoufand 

*  Acres  of  Land  do  revert,  come,  and  remain  unto  the  faid  William  Duckenfield, 

*  Efq-,  and  to  his  Heirs  and  Affigns,  tor  ever,  without  the  leail  Lett,  Mokftation, 

*  or  Hinderance  of  any  Perfon  or  Perfons,  claiming  trom,  by,  or  under  the  a- 

*  forefaid  John  Arderne^  or  his  Heirs,  Executors,  Adminiftrators,  or  Affigns,  or 

*  any  from  or  under  them  or  either  of  them.' 

Ordered,  Decreed,  and  Entered,  by  us,  and  our  Order,  the 
above  faid  1 1  th  Day  of  MiSy,  Anno  Domini  1713. 

Which  Decree,  upon  the  Prayers  of  the  faid  William  Duckenfieldj  having  been 
carefully  and  duly  confidered  by  this  Allembly  ; 

11.  B  E  it  Enacted^  by  his  Excellency  the  Palr.tine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  cf  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  the  General  Aftembly,  notv  met  at  the  General 
Court-houfe,  at  Queen- Anne' j  Creek,  in  Chowan  Precin£f,  for  the  North -Eaft 
Part  of  the  faid  Province,  and  it  is  hc'cby  Enabled,  by  the  Authority  of  the  fame. 
That  the  Decree,  upon  the  Bill,  of  Complaint  di  William  Duckenficldy  Efq;  reci- 
ted, pafled,  and  inrolled  in  the  Court  of  Chancery,  the  Eleventh  Day  of  May, 
One  Thoufand  Seven  Hundred  and  Thirteen,  and  every  Part  and  Parcel,  Article 
and  Glaufe  therein  contained,  fhall  be  and  remain  firm  and  available  in  Law  and 
Equity,  to  all  Intents  and  Purpofcs  whatever  contained  therein,  without  being 
liable  to  any  Bill  of  Reverfe,  or  other  Procefs  whatever,  to  reverfe  and  annul 
the  fame. 

S  I  G  N  E  D  by 

Charles  Eden,  Efqj  Governor, 

'Thomas  Pollock,       W.  Reed, 
Fraficis  Forjler,      John  Lovick, 

Lords  Proprietors  Deputies. 

William  Swann,  Speaker. 


Anno 


Z^yf/^^O/'NORTH-CAROLINA.  47 

A.  D.    1722. 


Anno  Regni 

G  E 


Reoris,    Macr.'j^  Britannue.    Francis,    &  Hibsm'tie^ 

06lavo. 


At  a  General  Biennial  ASSEMBLY,  held  at  Edentof!,  in  }^'  -^  ^  '^.^ 
Chowan  Precin£i:,  the  Second  Day  of  O^ober,  One  Thou-  p^^^^''^"'- 
land  Seven  Hundred   and   Twenty  Two,  and  continued, 
by  feveral  Adjournments,   to  the  Nineteenth  Day  of  the 
fame  Month. 


C  H  A  P.    I. 

^2  Act^  for  a  Road  from  Core-F'oint,    on  Pamptico,    to  Newbern,  on 

Neufe  Rwer. 

I.  TTTHEREASa  Road  from  Core-Pointy  to  Netvbern  Town,  would  be  PrWatc. 

V  V  of  "^^^y  great  Ufe  and  Adva  ntage  to  the  Inhabitants  of  the  upper  Parts 
of  Neufe  River  in  particular,  and  to  'the  County  of  Bath  in  general,  which,  by 
Reafon  of  the  Inhabitants  of  thofe  Part;  >  belonging  already  to  other  Diftrids,  can- 
not be  altered  but  by  Authority  of  Affembly :  Wherefore  it  is  humbly  prayed  that 
it  may  be  Enacted, 

II.  AND  be  it  Ena£ied,  by  his  ExcMency  the  Palatine,  and  the  reft  of  the  true 
and  abfolute  Lcrds  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Ad- 
vice and  Confent  of  the  reft  of  the  Manbers  of  this  prefent  General  Affembly,  now 
met  at  Edenton,  at  Qyeen  Anne'j  Crtek,  in  Chowan  Precin^,  for  the  North-Eaft 
Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame. 
That  all  the  Inhabitants  living  on  the  Sotith  Side  of  Pamptico  River,  or  that  here- 
after Ihall  fettle  on  the  South  Side  of  tl*e  faid  River,  from  Derham's  Creek  up- 
wards ;  and  all  the  Inhabitants  fettled  on  the  South  Side  of  Neufe  River,  from 
Slocomb's  Creek  upwards,  inckiding  Ti  -ent  River  -,  and  all  the  Inhabitants  in  the 
Fork  of  Neufe  -,  are  hereby  ordered  to  work  upon  the  Main  Road  that  is  to  be 
laid  out,  by  the  Perfons  hereafter  app  ointed  for  that  Purpofe,  from  the  North 

Side 


48  LAWS       O/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

^■^   Side  of  Neufe  River,   beginning  diredly  over  againft  the  Town  of  Newbern,  to 
Core-Point.,  on  the  South  Side  of  Pamplico  River. 

III,  jiN D  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  Capt.  Rich- 
ard Graves,  Capt,  William  Hancock,  Mr.  John  Trip,  and  Robert  'Titrner,  Efq; 
or  any  Three  of  them,  are  hereby  ordered  and  impowercd  to  lay  out  the  faid 
Road  from  Newbern  Town  to  Core-Point,  witliin  Three  Months  after  the  Ratifi- 
cation of  this  Act,  under  the  Penalty  of  Twenty  Pounds ;  one  Half  to  the  Party 
fuing  for  the  fame,  and  the  other  Half  to  the  Veftry  of  the  Two  Precinfts,  for  the 
Ufe  of  the  ParilliCs :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any 
Court  of  Record  within  this  Governm.ent  •,  wherein  no  ElToign,  Proteftion,  In- 
jundlion,  or  Wager  of  Law,  {hall  be  allowed  or  admitted  of. 

ly,  AND  he  it  fyrther  Ena£fsd,  by  the  Avjhortty  cforefaid.  That  Mr.  John 
Trip  is  hereby  appointed  Overfeer  of  the  People  that  are  liable  to  work  on  the 
faid  Road,  belonging  to  the  South  Side  of  Pamptico  River,  within  the  Bounds 
afore-mentioned  in  this  A6t  •,  and  that  Capt.  Richard  Graves  is  appointed  Over- 
feer of  the  People  that  are  liable  to  work  on  the  aforefaid  Road,  within  the  Bounds 
mentioned  aforefaid  :  And  that  the  aiorefaid  Overfeers  and  People  are  liable  to  the 
fame  Fines  and  Forfeitures,  as  all  other  Overfeers  and  People,  liable  to  work  on 
Public  Roads,  have  heretofore  been. 

V.  A  NJ)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  the  In- 
habitants refiding  on  the  South  Side  of  Pamptico  River,  from  Derham^s  Creek 
downwards,  including  Bay  River-,  and  all  the  Inhabitants  on  Beard's  Creek,  and 
downwards,  living  on  the  North  Side  of  Neufe  River ;  are  hereby  ordered  to  work 
on  and  maintain  the  old  Road  that  fprmcrly  was  laid  out,  from  Wilkinfon' s-Pointy 
on  the  North  Side  of  Neufe  River,'  to  the  Fork  of  Derham's  Creek,  at  the  Plan- 
tation that  Mr.  Thomas  Sparrow,  deceafed,  formerly  dwelt  on  :  And  that  they  are 
under  the  fame  Fines  and  Forfeitures  as  all  People,  liable  to  vvork  on  Public 
Roads,  have  heretofore  been. 


CHAP.     II. 

An  AEt,  for  jnaking  the  Sum  of  Twche  TJjottfmid  Poimds^  Public  Bills 
of'  Credit,  for  exchanging  fuch  of  the  Public  Bills  of  Credit  as  are  ?iow 
Ciirreitt,  thereby  to  render"  them  the  tnore  ufeful  to  the  (jovernment ;  and 
fbr  regulating  the  Taxes.     O  B  S.  > 

CHAP.     III. 

Ajt  additional  ASi  to  an  AB,  i-nti tided.  An  A.(£l,  appointing  ToU-Books* 

I'resmMe,  I,  TTTHEREASan  Act,  intituled.  An  Act,  for  appointing  Tcll-Bcoks  to 

y  Y  be  kept  in  this  Government,  has  been  palled  -,  and  the  faid  A<5t  has  been 
rendered  ufelefs  by  Reafon  of  the  Places  appointed  by  it  for  Toll-Books  to  be 
kept  being  inconvenient,  and  the  Fee*  allowed  to  fuch  Ferfons  as  are  appointed 
to  keep  them  lb  fmall,  that  no  Perfon  will  take  the  Trouble  of  the  faid  Office  on 
himfelf :  Wherefore  it  is  prayed,  that  an  Aft  may  be  made  for  the  Continuance 
of  the  laid  Aft,  and  that  there  be  fixed  Places  appointed  for  the  Toll-keepers  in 
the  feveral  Precinfts,  and  that  the  faid  Toll-keepers  Fees  be  raif^d : 

\\,BE 


Toll-Offices 


LA   W  S    of    No  Rth-Carolina.  49 

i-  ^.  D.  i-jTz: 

U.  B  E  it  therefcre  EnaBed,  by  his  Excellency  the  Palatine,  and  the  reji  of  the 
true  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Jdvice  and 
Confent  of  this  frefent  General  yIf[embU\  now  met  at  Edenton,  on  Qu-en  Anne'j 
Creeky  in  Chowan  Precinct ^  for  the  North-Eaft  Part  of  the  faid  Province^  and  it 
is  hereby  Enabled  by  the  Authority  of  the  fame.  That  the  Toll-Office  for  the  Pre- 
cin<5l  of  Chowan,  be  kept  at  the  Head  of  Catherine''^  Cretk,  near  Mr.  Thomas  where^tobekept* 
Speight's,  at  the  Head  of  Pequimons,  and  at  Maycock  Creek,  in  Currituck  Pre- 
cinft;  for  Bertie  Precinct,  at  Boon's  Ferry,  and  fuch  other  Places  as  the  Prccincl 
Court  fhall  appoint ;  And  that  every  Toll-keeper  fliall  be  allowed  the  Sum  of 
Four  Pence  for  each  Hog,  and  Six  Pence  a  Head  for  all  Cattle,  carried  or  tranf-  JfJ'-''"P"s 
ported  out  of  this  Government,  by  all  Perfons  carrying  or  tranfporting  the  fame, 
under  the  like  Penalty  as  in  the  faid  A6t  is  mentioned  ;  and  the  laid  Toll-keepers 
are  to  obferve  all  Articles  and  Claufcs  in  the  faid  Ad:  mentioned,  under  the  like 
Pains,  Fines,  and  Penalties  therein  exprefled. 


CHAP.     IV.       . 

jin  A5f,  for  enlarging  and  Encouragement  of  the  "town  called  Edenton,  Rep.    by  Aa, 

t'n  Chow3.n  Prt'dn^.  Ac/ 21. 174°' 

Chap.    I. 


CHAP.     V. 

An  AB,    appointing  that  Part  of  Albemarle  County  lying  on  the  Wefl  see 

Side  of  Chowan   River,    to  be  a  PrecinSi,    by  the  Name  of  Bertie  ^l''^  4.  ^ti 

PrccinSl.  y         uic  ^^^^  ^^  ^^^ 


I.  \fj'  H  E  R  E  A  S  That  Part  of  Albemarle  County  lying  on  the  JVefi  Side  ^^''^^^'" 
VV     of  Chowan  River,  being  Part  of  Chowan  Precind,  is  now  inhabited  al-  ^"'""^' 
nioft  to  the  utmoft  of  the  faid  County  Wefiward,  and  'by  Reafon  of  the  remote 
Situation  thereof,   the  Inhabitants,   which  are  growing  very  numerous,  cannot 
without  too  great  Inconveniency,  be  continued  any  longer  as  Part  of  Chowan  Pre- 
cind :  Wherefore, 

II.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  refl  of  the  Members  of  the  General  Affew.bh,  now  met  at  Eden- 
ton, at  Qiieen  Anne'j  Creek,  in  Chowan  PrecinB,  for  Z/?;^'' North-Eaft  Part  of 
the  faid  Province,  and  it  is  hereby  Enacted,  by  the  yluthority  of  the  fame  That 
that  Part  of  Albemarle  County  lying  on  the  Weji  Side  of  Chowan  River '  beine 
Part  of  Chowan  Precind,  bounded  to  the  Northward  by  the  Line  dividino-  this 
Government  from  Vnginia,  and  to  the  Southward  hy  Albemarle  Sound  and  Mo- 
r attack  River,  as  far  up  as  Welch's  Creek,  and  then  including  both  Sides  of  the 
faid  River,  and  the  Branches  thereof,  as  far  as  the  Limits  of  this  Government 
be,  and  the  fame  is  hereby  declared  to  be  ereded  into  a  Precind,  by  the  Name 
of  Bertie  Precind,  in  Albemarle  County  •,  with  all  and  every  the  Rights  and  Pri- 
vileges, and  other  Benefits  and  Advantages  whatfoever,  as  any  other  of  the  Four 
Precinds  in  Albemarle  County  can  or  may  have,  ufc,  or  enjoy. 

N  III,  AND 


EJgcombCounty ; 
alfo    yifri/  4, 

Chap.    I, 
Nonhamftm 


jo  i^v^^iSo/"    North-Carolina. 

A.  n.  1/52  \\\^  AN D  he  it  further  Enabled,  by  the  Authority  aforefaidy  That  the  Eledlion 
for  Reprefentatives  for  the  faid  Precin6t,  fhall  always  be  at  the  Court-houfe  for 
the  fiid  Precinct,  or  at  fuch  Place  as  Ihall  be  appointed  for  building  the  faid 
Court-houfe  on. 


CHAP.     VI. 

^p),  ?^^  ^%'  -^^  -^^i  concerning  Fees  and  Officers. 

Chap,    2. 


CHAP.     VII. 

An  ABy  appointing  that  Part  of  the  South-weft  Parijh  of  Chowan  that 
lies  on  tbe  South  Shore,  and  Alligator,  to  be  a  difiinSl  Pariflo^  by  the 
Name  of  the  South  PariJJ:  of  Chowan  j  and  for  appointing  Veflrymen 
for  the  faid  Parifi. 

Private.  I.  "T  T  T  H  E  R  E  A  S  the  Inhabitants  of  that  Part  of  Chowan,  and  Alligator^ 

Y  Y  have  petitioned  the  General  Alfembly,  to  be  a  feparate  Parilli  from  the 
Weft  Shore  of  Chowan,  and  it  being  apparent  that  it  is  very  much  to  the  Preju- 
dice of  the  faid  Inhabitants  to  remain  as  Part  of  the  aforefaid  Parifh ; 

II.  B  E  it  Exacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  the  General  AJfembly,  now  met  at  Edenton, 
at  Queen-Anne'j  Creek,  in  Chowan  PrecinSl,  for  the  North-Eaft  Part  of 
the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That 
the  South  Shore  of  Chozvan,  from  Alligator  River  to  the  Eaft  Side  of  IVelch's 
Creek,  including  all  the  Land  on  the  Sound,  and  Morattuck,  lying  within  the 
Bounds  aforefaid,  fhall  be,  and  is  hereby  appointed  a  feparate  Parilh,  by  the  Name 
of  the  Sctith  Parifh  of  Chotvan  ;  and  that  the  faid  Parifh  do  enjoy  all  fuch  Liber- 
ties and  Immunities  as  all  other  Parifhes  in  this  Government  can  or  may  have. 

III.  AND  be  it  further  Fjiacted,  by  the  Authority  aforefaid.  That  the  follow- 
ing Perfons  are  hereby  appointed  Veftrymen  for  the  faid  Parifh,  viz. 

John  IVorley,  Efq-,  Mr  Jofeph  'Turner,         Mr.  John  Edwards^ 

Cullen  Pollock,  Efq;  Mr.  Samuel  Spruill,         Mr.  Jacob  Blount, 

Capt.  William  Downing,      Mr.  James  Long,  Mr.  Thomas  Long, 

Mr.  William  Ludford,  Mr.  Jofeph  Spruilh  Mr.  John  Warley. 
Which  faid  Veftrymen  fhall  be,  and  they  are  hereby  inverted  with  all  fuch  Pri- 
vileges and  Authorities,  and  fubjecft  to  the  fame  Penalties  and  Forfeitures 
within  the  faid  Parilh,  as  in  and  by  an  Ad,  intituled.  An  AEl,  for  Eftablifhing 
the  Church,  and  appointing  Select  Veftries,  is  and  are  given  to  the  Churchwardens 
and  Veftry  of  the  feveral  and  refpedive  Parifhes  in  the  faid  Adl  mentioned. 

IV.  P ROVIDED  never thelef.  That  all  thofe  Inhabitants  of  the  faid  Pa- 
rifh now  appointed  by  this  Ad,  which  formerly  belonged  to  the  South-weft  Pa- 
rifh of  Chowan,  fhall  pay  their  ratable  Part  of  Taxes,  to  the  Churchwardens  of 
the  faid  South-weft  Parifn,  to  pay  and  fatisfy  the  Debts  now  due  from  the  faid  Pa- 
rifh, and  to  make  good  their  Agreement  with  the  Reverend  Mr.  Newname ;  and 
that  on  Default  of  any  of  the  faid  Inhabitants  to  pay  fuch  Levy  as  fhall  be  laid 
by  the  Churchwardens  and  Veftry  of  the  South-weft  Parilh  of  Chowan  aforefaid, 

for 


L    A     ^V    6'       of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


5* 


for  the  Ufis  before-mentioned,  that  they  be,  and   they  are  hereby  made  fubjcd    ^  ^• 
to  the  fame  Penalties  and  Forteitiires  as  they  fhould  have  been,  before  the  Divifion 
was  made  •,  any  Thing  before  contained  in  this  Ad  to  the  contrary,  in  any-wife, 
notwithftanding. 


CHAP.     VIII. 

An  ASi,  for  fettling  the  PrecmSf  Courts^  and  Coiirf-houfes. 

I.  T  "¥  T  H  E  R  E  A  S  thro'  the  great  Taxes  and  Charges  this  Government  Preamble 

Y  Y  I'^'^^l^  laboured  under,  by  Means  of  the  late  Indian  War,  there  has  been 
no  Care  taken  by  preceeding  Affemblies,  to  fettle  the  feveral  Precindl  Courts  to 
any  fixed  or  certain  Place,  but  have  always  hitherto  been  kept  and  held  at  private 
Houfes,  where  they  have  been,  and  are  liable  to  be  removed,  at  the  Pleafure  of 
the  Perfon  or  Perfons  owning  fuch  Houfes  -,  to  the  great  Annoyance  of  the  Ma- 
giftrates  and  People  :  For  the  Prevention  of  which  for  the  future ; 

II.  B  E  it  Ena^ed,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  hy  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  this  prefent  General  JJfembly,  now  met 
at  Edenton,  at  Queen  Anne' J  Creek,  in  Chowan  PrecinM,  for  the  North-Eaft  Part 
of  the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That 

from  and  after  the  Ratification  of  this  A61,   the  Juftices  of  the  Peace  that  are  cLr^Lnd  Va' 

now  appointed  for  and  in  every  refpeftive  Precin6t  in  this  Government,  or  (hall  ''"'''*  '^^"'•'- 

hereafter  be  appointed  within  the  Time  limited  in  this  A6t  for  building  the  Pre- 

cindl  Ccurt-houfss,  or  the  greateft  Part  of  them,  are  hereby  required  and  impow- 

ered  to  purchafe  the  Quantity  of  one  Acre  of  Land,  in  fuch  Place  and  Places  of 

their  feveral  Precinds,  as  in  and  by  this  A61  is  hereby  nominated  and  appointed, 

for  the  erecting  the  faid  Court-houfes  on. 

III.  AND  for  the  better  enabling  the  faid  Juftices,  or  the  greateft  Part  of 
them,  to  purchafe  fuch  Lands,  and  build  the  faid  Court-houfes ;  Be  it  Enacted, 

hy  the  Authority  aforefaid.  That  the  faid  Juftices,  or  the  greateft  Part  of  them,  juflices  to  lav  a 
fhall  have  full  Power  and  Authority  to  raife  Money,  by  a  Poll  Tax  on  the  fe-  Tax  for  building 
veral  Inhabitants  of  their  refpedive  Precindls,  for  the  purchafing  fuch  Lands  and  houfes! 
building  the  faid  Court-houfes  thereon,  not  exceeding  the  Sum  of  Five  Shillings 
per  Poll,  per  Annum  \  which  faid  Tax  or  Levy  fliall  be  paid  to  them  the  faid  Juf- 
tices, or  whom  they,  or  the  greateft  Part  of  them,  fhall  appoint  to  receive  the 
fame,  by  each  and  every  Perfon  refpe6lively,  in  the  fame  Manner  and  Form  as 
they  do  their  Public  Levy,  and  under  the  fame  Fines  and  Forfeitures. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  Perfons  refufmg 
ion  or  Perfons  ftiall  refufe  to  fell  to  the  Hiid  Juftices,  or  the  greatefl  Part  of  them,  Ihe'^rl'idS'uft  *" 
fuch  Lands  as  by  this  A61  is  appointed  to  be  purchafed  for  the  Ufe  of  a  Court-  f-.r  a'^'reafonabie 
houfe,  for  what  the  faid  Juftices  fhall  think  to  be  the  full  Value  thereof,  that-  then,  fo'iffuc^his^war 
and  in  fuch  Cafe,  it  fhall  and  may  be  lawful  for  the  Chief  Juftice  to  ifTue  his  fm  to  3  Free- 
Summons,  under  his  Hand,  direfted  to  Three  Freeholders  of  the  Precind  where  \^^um<t  -Vw^h 
fuch  Refufiil  fhall  be  made  ;  which  Freeholders  are  hereby  required,  on  Oath,  to  v.iiuation  fuch 
appraife  the  faid  Land  :  And  in  Cafe  the  Owner  of  the  faid  Land  fhall,  after  a  obi' g"d  t\i^. 
Tender  made  him  of  the  Money  which  the  faid  Land  was  appraifed  to,  refufe  to  ='"'!  '^'=  ^^""^ "» 
give  a  lawful  Conveyance  tor  the  fame,  fuch  Lands  fhall,  neverthelefs,  be  invcfted  pubiick.^  "^ '  * 
in  the  Publick,  for  the  LUes  aforefaid  ;  provided  that  no  Perfon's  Orchard,  Gar- 
den, or  inclofed  Ground,  be  injured  thereby. 

V.  AND 


5S  L   A^  W.     S      of     N  O.R  T  H  -  Ca  R  O  L  I  N  A. 


point  other  I'er- 
fons  to  do  it. 


yi.  p      1722.  . 

jim^.,rcgre£l-  y.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  the  Juftices, 
Coun'.houfX  orthe^rO'ijorPart  of  them,  in  thdr  feverai  Precincts,  Ihall  ncgled  or  refufe  to 
Governor  to  'ap-  purchafc  thc  Land  by  this  Acl  clirefted  for  building  the  feverai  Court-houfes  on, 
"""'"''"'  "'-'  OJ^  to  agree  with  Workmen  to  build  and  finilh  the  fame,  (which  fliall  not  be  lefs 
than  Twenty  Four  Feet  long  and  Sixteen  Feet  wide,)  within  Six  Months  after  the 
Ratification  of  this  Ad ;  that  then,  and  in  fuch  Cafe,  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being,  fliall,  and  he  is  hereby  impowered  and  di- 
refted,  to  nominate  and  appoint  fuch  Perfon  or  Perfons  in  each  and  every  Pre- 
cinct fo  negleding  or  refufing  -,  which  Perfons  fo  appointed,  Ihall  have  the  fame 
Power  and  Authority  to  the  lay  the  faid  Tax,  purchafe  fuch  Land,  and  build  the 
faid  Court-houfes,   as  the  faid  Juilices  might  or  ought  to  have  had  by  this  Adt. 

Places  appointed       VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Lands 
cLSSuLon    I^ereafter  mentioned  be,  by  the  feverai  Juftices,  or  the  major  Part  of  them,  in 
■  each  refpedive  Precind,  purchaled,  to  and  for  the  building  and  ereding  the  fe- 
verai Court-houfes  on  :  That  is  to  fay  j 

F  O  R  the  Precind  of  Chowan,  at  Edenton. 

F  O  R  the  Precind  of  Pequimons^  at  Jonathan  Felp\  Point,  at  the  Mouth  of 
the  Narrows. 

F  O  R  the  Precind  of  Currituck^  on  the  Land  of  Mr.  William  Peyner,  next  to 
the  Land  of  Mr.  William  Parker-,  or  at  Mr.  Parker'^,  as  the  Jufbices  fhall  appoint. 

FOR  the  Precinds  of  Beaufort  and  Hyde,  at  Bath-Town, 

FOR  the  Precind  of  Craven,  at  Newbern. 

FOR  the  Precind  of  Carteret,  at  Beaufort  Town. 

F  O  R  the  Precind  of  Bertie,  now  by  this  Aflembly  laid  out,  at  fome  conve- 
nient Place  at  Ahotjley,  where  the  Juftices  fliall  appoint. 

FOR  the  Precind  of  Pafquotank,  at  fuch  Place  as  the  Juftices  fliall  appoint. 

AND  whereas  many  Inconveniencies  hath  happened  in  this  Government,  by 

Reafon  of  the  falling  of  the  Courts,  which  too  frequently  have  been  occafioned 

by  Failure  of  a  fufficient  Number  of  Juftices  to  meet :  For  Prevention  of  which 

All  Bufincf!  de.  ^°^  '"^^  future  ;  Be  it  Ena^ed,  by  the  Authority  aforefaid.  That  all  Adions  or  Bu- 

pending  in  any   fincfs  whatfoevcr  now  depending,  or  hereafter  to  be  depending,  in  the  General 

for  want  of  juf^  Court,  or  any  Precind:  Court  in  this  Government,  fliall  not  be  difcontinued  by 

tices,  to  be  con-  Rcafon  or  Failure  of  a  fufficient  Number  of  Juftices  meeting  at  the  Days  ap- 

nw  cmrt!''^     pointed  ;  but  that  all  fuch  Adions  or  Bufinefs  fhall  ftand  continued  till  the  next 

Court :  Any  Law,  Cuftom,  or  Ufage  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D  by 

William  Reed,  Efqj  Prefident. 

Chr.  Gale,  Richard  Sanderfon^ 

yohn  Lovick,         Tho?nas  Lovick. 

Lords  Proprietors  Deputies. 

Edward  Moseley,  Speaker, 


Anno 


LA   W  S    of    North-Carolin 


A. 


53 


^.   D.     7-.3. 

— — v'-— 


WmmM 


* 


=??  r 


Anno  Regni 


GEORGII    I, 

Regis,    Miign^e  Brltanmie,    Franctcey    &  Hihern'iiVy 

Nono. 


At  a  General  Biennial  ASSEMBLY,  held  at  EderHon,  in  ^^^y^:^. 
Choiuan  Pretin(9:,  the  Twenty  Third    Day  of  ISovcj^iber^ 
One  Thoufand  Seven  Hundred   and   Twenty  Three. 


Prefident. 


C  H  A  P.     I. 

An  ABy  to  provide  indifferent  Jurymen  in  all  Caufes^  Civil  and  Criminal,  ^"f;-/  g^"  ,^f^^ 

Chap.  8. 


CHAP.     II. 

An  ASfy  intituled.  An  additional  Ad:  to  the  Ad,  relating  to  Biennial 
and  other  AfTemblies,  and  regulating  Eledionsj  and  divers  other 
Things  relating  to  Towns.     REP. 


CHAP.     III. 

An  AB,  for  appropriating  Part  of  the  Impojl  Duty  on  Veffeh,  or  Powder 
Money^  to  Beacon  out  the  Channels  from  Roanoke  and  Ocacock  Inlets, 
and  feveral  other  Things^  to  facilitate  the  Trade  and  Navigation  of 
this  Government.     EXP. 


O 


CHAP. 


£^  LAWS    o/'    North-Carolina. 


ji    D.      1723. 


Pcrfons  Lands  to 


CHAP.     IV. 

An  Acl^  for  fettling  the  Titles  and  Bounds  of  Lands. 

I.  T)  E  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ah"- 
iJ  folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  th'iS  prefent  General  Jffembly,  now  met  at  Edenton,  for  the  North  Kaft  Part 
of  the  faid  Province^  and  tt  is  hereby  Enacted^  by  the  Authority  of  the  fame^  That 


bt  j^roc-ffioned,  the  Lands  belonging  to  every  Perfon  in  this  Government  fhall  be  proceflioned, 
neted^onee  in'3  ^"^  ^^  Marks  renewed  once  in  every  Tnree  Years  j  and  that  the  Juftices  of  each 
Years.  and  every  Precind  Couit  within  this  Government,  between  the  Firft  Day  of  June 

and  the  Firft  Day  oiAuguft,  One  Thoufand  Seven  Hundred  and  Twenty  Four, 
ParWTi  to  be  di.  and  fo  between  the  Firft  Day  of  July  and  the  Firft  Day  of  Auguft,  in  every  Three 
tnftt.  '"'°  ^'^'  ^^^^^^  hereafter,  by  an  Order  of  the  faid  Lourt,  fhall  direft  and  order  the  Veftry 
of  each  Parifh,  in  their  i-'recind,  to  divide  their  faid  ranfhes  into  as  many  Dif- 
trids  as  to  them  fhall  feem  moft  eufy  and   conv.  nient,  for  proceffioning  every 
p.irticuhr  Perfon's  Land  within  their  .  arifh  ;  and   th^t  the  faid  Vtftry  Ihall  ap- 
Vcftry  to  appoint  point  the  particular  1  imcs  lometime  between  the  t  irft  Day  of  October  and  the 
ceffiL'"n"°'^^'"'  laft  Day  oi  April,  following  the  Date  of  the  faid  Court's  Order,  and  fhall  nomi- 
nate and  appoint  Two  able  and  intelligent  Freeholders  within  every  Canton  or 
Proceffioners  to   Diftrid,  to  fee  fuch  I'TocefTioning  performed  :  And  the  faid  Freeholders  fo  ap- 
JhefrVr^ctTn^^  pointed  are  hereby  obliged  to  make  a  due  Return  and  give  an  Account  of  their 
to  the  nextcourt.  Froceedings  to  the  Precind  Court  next  iollowing  fuch  Proceffioning  of  every  par- 
ticular Perfon's  Land  by  them   proceffioned,  and  who  were  prefent  at  the  1  ime, 
and  alfo  to  give  a  particular  Account  of  what  Lands,  within  their  Cantons  or  Dif- 
trids,  they  fhall  have  failed  to  proceffion,  together  with  their  Reafons  for  fuch 
failure. 

oierk  to  deiivsr       IL  AND  be  it  fwther  Enacted,  by  the  Authority  afore  faid.  That  the  Clerk 

dens'^.*'c''py"'''f  of  ^'^^'"y  refpedive  Precind  Court,  is  hereby  enjoined  and  direded  to  deliver  to 

the  Curt!  Order  the  Churchwurdens  of  every  Parifh  within  his  Precind,  a  Copy  of  the  faid  Court's 

io  Da°'^aftt''"  Order,  within  Mfteen  Days  afttr  the  paffing  the  fame  \  and  that  the  faid  Church- 

which,  vdtry  to  wardens  fhall  be  obliged,  within  Ten  Days  after  the  Receipt  of  fuch  Order,  to 

r^rtiTnto*^  Di-*"  appoint  a  Veftry  to  meet ;  and  the  faid  Churchwardens  and  Veft"rymen  are  to  lay 

ftr.fts,  and  to    Qut  their  faid  Parifti  in  as  many  Cantons  or  Diftrids  as  to  them  fhall  feem  con- 

fio'ner's.    "^^    '    vcnient,  and  to  nominate  and  appoint  Two  intelligent  Freeholders  as  aforefaid : 

Which  Freeholders  fo  appointed,  are  required  to  go  with  the  Freeholders  and 

Inhabitants,  within  their  Diftrids  or  Cantons,  round  the  Bounds  of  every  Perfon*s 

Land  within  the  fame,  and  renew  the  Marks  of  the  faid  Lands. 

c'-fk  to^regifter  \\\^  A  N  D  bc  it  further  Enactcd,  by  the  Authority  aforefaid.  That  the  JufticeS 
of  each  Precind  are  hereby  required  to  caufe  the  Returns  fo  made  by  the  faid 
Proceffioners,  to  be  fairly  entered  into  well-bound  Books,  kept  for  that  Purpofe, 
by  the  Clerk  of  the  Precind  Court  •,  and  to  prevent  Miftakes  in  the  recording  the 
faid  Return,  the  Clerk  of  the  faid  Court  fhall  be  obliged,  at  the  next  fucceeding 
Court,  to  produce  and  compare  the  Return  with  the  Record,  and  afterwards,  to 

Clerk's Fse  lid,  file  the  faid  Return  in  his  Office:  And  as  an  Encouragement  for  the  faid  Clerk's 
faithful  Difcharge  of  the  feveral  Duties  above-mentioned,  it  fhall  and  may  be  law- 
ful for  him  to  afk  and  demand  the  Sum  of  Twelve  Pence  of  every  Perfon  tor  all 
his  or  her  Lands  that  are  returned  proceffioned,  and  recorded  within  that  Precind. 

Perfoni  mfn.  IV.  A  N  I)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  the 

ACc,  what  to  Juftices  of  any  the  Precind  Courts,  Veftry  and  Churchwardens,  T'reeholders  or 
lean'  h"-  D^'  ^^^^^'  ^^^'  f^'^  o'"  riegled  doing  their  Duty  hei-ein,  or  hereby  enjoined,  each  and 
ty.  '"^    "'  "'  every  Juftice  fo  failing,    fhall  forfeit  and  pay  the  Sum  of  Five  Pounds  •,   the 

Church' 


Ly^   ^r  5    o/'    North- Carolina,  SS 

Chuixtiwardens  and  Velhy  tailing  to  do  tiitir  Cury  as  aforefaid,  fhuU  lorkit  ana  ^^  I'i^ 
pay  the  Sum  of  Five  Pounds  ;  and  the  Frcchoidcrs  wiio  fhalJ  be  nominated 
by  the  Veftry  in  their  fevcrai  Liltrifts  or  Cantons,  refufing  to  do  their  Duty,  fhail 
forfeit  and  pay  the  Sum  of  Five  Pounds  -,  and  the  Cierk  of  each  rcfpcdive  Pre- 
cinct Court  neglecting  or  refufing  to  do  his  Duty  as  by  this  Law  required,  fhall 
forfeit  and  pay  the  hum  ot  Ten  Pounds  :  All  which  afore-mentioned  i-orfeitures 
and  Fines  Ihall  be,  one  Plalf  to  the  Informer,  the  other  Half  to  the  Church- 
wardens and  \'"eftry,  for  and  towards  the  Ufe  and  Benefit  of  that  Parifh  in  which 
fuch  Default  happened :  To  be  recovered,  by  Action  of  Debt,  Bill,  Plaint,  or  HowrecoveraUs, 
Information,  in  any  Court  of  Record  within  this  Government ;  wherein  no  Lf- 
foign,  Injunction,  or  vVagtr  of  Law,  Iliali  be  allowed  or  admitted  of. 

V.  A  N  D  forafmuch  as  no  Provifion  has  been  made  in  this  Act,  to  compell 
fuch  Perfons  who,  out  of  an  obftinate  Temper,  fliall  refufe  to  have  their  Lands 
proceflioned,  to  the  Damage  of  the  Owners  of  adjacent  Lands  •,  Be  it  Enacted^ 

That  then,  and  in  fuch  Cafe,  all  and  every  Perfon  or  Perfons  fo  refufing  to  have  [^^  '^^"'^  thd^"' 
their  Lands  proceflioned,  purfuant  to  the  Directions  in  this  Act  given  them,  the  unds  pr.  ceffion- 
Two  Freeholders  Proceflloners  as  atorcfaid,  fhall   caufe  fuch  Reiufal  to  be  certi-  ^f"'  Co""t"of- 

r  ■     n_   /"■  11/^  dcr  the  Surveyor, 

fied,  in  Writing,  to  the  next  fucceeding  Precinct  Court ;  which  Court  is  hereby  Gfc  to  lay  it  out, 
impowrred  and  required  to  command  the  Surveyor-General,  or  his  Deputy,  at-  thcK-^on'refu- 
tended  with  Four  reputable  Freeholders,  who  il:iall   be  nominated  and  appointed  fing. 
by  the  faid  Court  for  that  Purpofe,  and  fworn,  to  lay  out  the  Bounds  of  the  faid 
Lands,  to  the  bed  of  their  Judgment  and  Underfc.mding  -,  and  according  as  it 
fhall  appear  to  them  by  Deeds,   Writings,  or  other  Evidences,  they  fhall  proceed 
to  fettle  the  Bounds  of  the  laid  Lands,  at  the  proper  Cofts  and  Charges  of  the 
Perfon  refufing  to  have  the  faid  Bounds  laid  out ;  and  the  faid  Surveyor-General,  To  be  entered  on 
or  his  Deputy,  fhall  return  the  Survey  thereof,  with  the  Proceedings  thereon,  to  Court, 
the  next  Precin6l  Court,  there  to  be  recorded,   by  the  Clerk  of  the  faid  Court, 
in  a  Book  for  that  Purpofe  -,  which  Bounds  and  Survey  made  in  Manner  afore- 
faid, fhall  be  taken  and  deemed  a  fufficient  ProcefTioning,  as  if  the  fame  had 
been  done  by  the  Confent  of  the  Party :  And  if  any  of  the  faid  Juflices,  or  the  Perfons  failing 
Surveyor,  Clerk,  or  Freeholders,  not  having  a  lawful  Excufe,  fhall  fail  in  his  or  [o"'th°"b.fo?'' 
their  Duty,  as  by  this  Acl  is  enjoined  and  direded,  he  or  they  fo  failing  fiiall  mentioned  Pe- 
forfeit  and  pay  the  fame  Penalties  as  before  in  this  A6t  is  laid  on  the  faid  Juflices,  "*'""• 
Churchwardens,  Veflry,  and  ProcefTi oners,  failing  in  their  Duty  5  to  be  recover- 
ed in  like  Manner,  and  to  the  fame  Ufes. 

VI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  every  Lands"wtl 
Perfon  whofe  Lands  fliall  be  proceflioned  to  him,  according  to  the  Dii\(5lions  of  twice  procjiion- 
this  Adl,  at  Two  feveral  Times,  fuch  Perfon  fhall  be  deemed  and  adjudged  to  be  q'^  ^^^^"^  '■''^* 
the  fole  Owner  of  the  faid  Lands  •,  and  that  upon  any  Suit  commenced  lor  any 

fuch  Lands,  the  Party  in  PofTefllon  may  plead  the  General  Iffue,  and  give  this 
Adl  in  Evidence. 

VII.  P  ROV  ID  ED  always.  That  the  proceflloning  of  the  Lands  of  a  Te-  Not  to  bar  Per. 
nant  for  Life,  fhall  not  bar  or  preclude  the  Heir  in  Reverfion  or  Remainder ;  ^^Tmrc^ynu' 
neither  fhall  any  Proceflioning  bar  or  preclude  Perfons  under  Age,  Feme  Coverts,   &c, 

Non  compos  mentis,  Imprifoned,  or  out  of  the  Government :  But  that  all  fuch 
Perfon  or  Perfons  fliall  have  free  Liberty  to  fue  for  and  difpute  the  Title  and 
Bounds  of  any  Lands  within  this  Province  •,  provided  the  faid  Perfon  or  i'erfons 
commence  Suit  and  profecute  the  fame,  within  the  Time  already  limited  by  the 
Laws  of  this  Government,  after  the  Removal  of  fuch  Difability. 

VIII.  AND  whereas  lapfe  Patents  are  accuftomed  to  be  granted  to  the  firfl: 
Petitioners  for  all  fuch  Lands  which  are  not  feated  and  planted  according  to  the 
Condition  or  Provifion  mentioned  in  the  refpedive  Patents,  which  has'  often  proved 

to 


A.  D.    172 


r6  LAWS     o/'    North-Carolina. 

to  be  the  Ruin  of  Orphan  Chiitlren,  (whofe  Parents  have  died  leaving  Lanus  un- 
fcated,)  by  Negled:  of  Guardians  and  1  ruftces  in  not  fettling  and  fecuring  the 
fame  in  due  Time  ;  For  Prevention  whereof  ibr  the  future; 

Perfons  etitin-  ^^'  ^  ^  ^^  Enu^edy  by  the  Authority  cifcrefaid.  That  whofoever,  for  the  fu- 
ing'to"iapfeLa.H-.s  turc,  fhall  pctltion  for  the  Lapfing  of  any  Land  belonging  to  any  Orphan  or  Or- 
phS'^fo'gi^e'  phans,  fuch  Perfon  fo  petitioning,  fliall,  and  he  is  hereby  required  and  com- 
the  Guarriiaii  30  manded,  to  give,  at  leafb,  Thirty  Days  Notice  of  fuch  Petition's  being  lodged, 
f^'fif^hfrefufcs  to  the  Guardian  or  Truftee  of  fuch  Orphan,  before  the  next  Council  after  the  Pe- 
to  take  it  up  for  titjon  is  lodged  ;  and  in  Cafe  the  laid  Guardian  or  Trufbee,  alter  fuch  Notice 
nl'.n  ^'^!"m'oved  given,  fliall  refufe  and  negledt  to  appear  at  the  laid  Council,  and  there  take  out  a 
from  hi! Guard;-  patent  for  the  faid  Land,  in  the  Name  of,  and  to  the  Lie  of  fuch  Orphan  or  Or- 
Govtfruor, 'and  phans,  (wlio  fhall,  de-futu-fo^  have  the  Preference  in  lapfing  fuch  Lands  as  are 
liable  fur  all  Da-  jieretjitary  to  him  or  her,)  fuch  Guardian  or  Truftee  ihall  be  removed  by  the  Go- 
Orphan."    "     vcmor  and  Council,  or  Precinft  Court,  from  his  Guardianfliip,  and  fhall  be  fub- 

je6t  to  the  Suit  of  the  Orphan,  and  to  anfwer  all  Damages  which  the  Orphan 

Ihall  fuftain  by  Reafon  of  his  Negled. 


C  H  A  P.     V. 

An  ASfy  for  an  additional  Tax  on  all  free  Negroes,  Mulattoes,  Mujlees^ 
and  fuch  Perfons,  Male  and  Female,  as  now  are,  or  hereafter  f:all  be^ 
mtermarried  with  any  fuch  Perfons,  refident  in  this  Government. 

I.  "TTTHEREAS  Complaints  have  been  made  by  divers  Freeholders  and 
\/y  other  Inhabitants  of  this  Government,  of  great  Numbers  of  free  Ne- 
groes, Mulattoes,  and  other  Perfons  of  mixt  Blood,  that  have  lately  removed 
themfelves  into  this  Government,  and  that  feveral  of  them  have  intermarried  with 
the  white  Inhabitants  of '  this  Province  j  in  Contempt  of  the  Ads  and  Laws  in 
thofe  Cafts  made  and  provided  :  . 

II.  B  E  it  therefore  Enabled,  by  his  Excellency  the  Palatine,  and  the  refi  of  the 
true  and  abfolute  Lords  Proprietors  of  Carolina,    by  and  with  the  Jdvice  and 
Confent  of  the  reft  of  the  Members  of  this  prefent  General  Affembly,  now  met  at 
Edenton,  for  the  North-Eaft  Part  of  the  fatd  Province,  and  it  is  hereby  Ena^fedy 
Free  Negroes,      by  the  Authority  of  the  fame.  That  all  free  Negroes,  Mulattoes,  and  other  Per- 
S'dT  t'haSes  ^°"^  °^  '^'^^^  ¥:\nd,  being  mixed  Blood,  including  the  Third  Generation,  who  are, 
a^'he  Agecf  i"  or  hereafter  fhall  be,  Inhabitants  or  Refidents  in  this  Government,  both  Male  and 
Years.  Female,  who  are  of  the  Age  of  Twelve  Years  and  upwards,  fhall,  from  the  Ra- 

tification of  this  A61,  be  deemed  and  taken  for  Tithables,  and  as  fuch  each  and 
every  of  them  flrall.  Yearly,  pay  the  fame  Levies  and  Taxes  as  the  other  Titha- 
ble  inhabitants  do,  and  fliall,  and  are  hereby  made  liable  to  pay  the  fame  Yearly 
to  fuch  Perfon  or  Perfons,  in  fuch  Manner,  and  at  fuch  Times  and  Places,  and 
to  be  fubje(fl  to  fuch  Fines  and  Penalties,  as  in  and  by  an  Ad,  intituled.  An  A^, 
for  making  the  Sum  of  twelve  Thoufand  Pounds,  Public  Bills  of  Credit,  for  ex- 
changing fuch  of  the  Public  Bills  of  Credit  as  are  novo  current,  thereby  to  render  them 
the  more  ufeful  to  the  Government  -,  and  for  regulating  the  Taxes;  which  the  other 
Inhabitants  of  this  Province,  being  Tithables,  are  obliged  and  fubjed  to. 

White  Perfons        \\\^  AND  be  it  further  Enactcd,  by  the  Authority  aforefaid.  That  from  and  af- 

w'th  Nlgroes,      ter  the  Ratification  of  this  Ad,  any  white  Perfon  or  Perfons  whatfoever,  Male  or 

Female,  Inhabitant  of  this  Government,  or  that  may  or  fhall  remove  themfelves 

hither  from  other  J'arts,^  .that  now  is,  or  hereafter  fhall  be,    married  with  any 

03 


I'reamlile 


1,^/^aSo/'    North-Carolina.  ^y 


A.  D    1723. 

— V"— '^ 

liable  to  iho 


Neo-ro,  Mulatto,  Muftee,  or  other  Perfon  being  of  mixed  Blood,  as  aforefaid,  fliall 

be,  and  are  hereby  made  Hable  to  the  fame  Levies  and  Taxes,  as  the  Negroes-,  ^^  j.^,^,^ 

Mulattoes,  and  other  mixed  Blood,  as  herein  above  is  expreflcd -,  and  it  is  the  fameTa^ct 

true  Intent  and  Meaning  of  this  Aft,  that  all  and  every  of  the  aforefaid  Tithables 

removing  themfelves  into  this  Government,  ihail  pay  the  Levy  and  Taxes  af- 

fclTed  for  the  Year  they  come  hither,  provided  they  come  before  the  Tenth  Day 

of  Jufie  in  that  Year. 

IV.  AND  forafmuch  as  divers  of  the  Inhabitants  of  this  Government,  for 
Caufes  them  thereunto  moving,  have  fet  free  Slaves  of  fundry  Kinds,  who  are 
all,  by  Law,  obliged  to  depart  the  Government;  in  Six  Months  after  their  being 
fo  freed,  othcrwife  they  are  liable  to  be  fold  to  fuch  Perfon  or  Perfons  as  fhall  give 
Security  for  tranfporting  them  out  of  this  Government  -,  notwithftanding  the  faid 
Law,  and  contrary  to  the  true  Intent  and  Meaning  thereof,  many  of  fuch  freed 
Negroes,  and  Slaves  of  other  Kinds,  after  having  departed  this  Government  for 
a  little  Time,  have  returned  again,  deeming  themfelves  Inhabitants  of  this  Go- 
vernment by  fuch  Departure  and  Return :  For  the  i'revention  whereof  for  the 
future ; 

•V.  BE  it  therefore  Enacted^  hy  the  Authority  aforefaid.   That  all  Slaves,  of  slaves  fet  free,  t» 
what  Kind  foever,  which  fhall  hereafter  be  fet  free,  fhall  be  obliged  to  depart  this  Mon'ths '"anJnot 
Government  within  Six  Months  after  being  fo  freed,  according  to  the  Direftions  return, 'on  Pe- 
of  the  aforefaid  Aft,  and  fhall  not  return  nito  this  Government^  under  the  Pe-  Aof^\'^X 
nalties  and  Pains  hereatter  expreffed  :  And  if  any  Slave  or  Skves  beino-  fo  freed 
and  fet  at  Liberty,  huving  departed  as  before  direfted,  Ihall  prefume  to  return 
back  into  this  Province,  it  fhall  and  may  be  lawful  for  any  Perfon  or  Perfons 
whatfoever  to  apprehend  and  take  up  fuch  Slave  or  Slaves  fo  offending,  and  car- 
ry him  or  them  before  fome  Magiftrate,  who  is  hereby  authorifed  and  impowered, 
upon  due  Proof  made,  to  commit  fuch  Perfon  or  Perfons  fo  offending,  to  the 
Provoft  Marfhall  of  the  County  where  fuch  Offender  or  Offenders  fhall  be  ap- 
prehended, till  the  next  General  Court,  to  be  held  for  this  Government,  and  fhall 
then  fell  him  or  them  for  Seven  Years,  at  Public  Vendue,  to  the  hio-heft  Bidder  ; 
and  the  Money  arifing  by  the  faid  Sale,  after  Charges  paid,  fhall  be  applied,  the 
one  Half  to  the  Apprehender,  and  the  other  Half  towards  defraying  the  contin- 
gent Charges  of  the  Government  -,   and  at  the  End  and.  Expiration  of  the  faid 
Seven  Years,  the  faid  Slave  or  Slaves  fo  fet  free,  fhall,  and  are  hereby  compelled 
to  depart  this  Government,  within  Six  Months  after  being  fo  freed:  And  if  any  slaves  fet  free  re- 
fuch  Perfon  or  Perfons  fo  departing  fhall  prefume  to  return  a  Second  Time,  they  T^me  ^  naMe°  w 
are  hereby  made  liable  to  be  apprehended,  taken  up,  and  fold,  as  aforefaid.  be  m  again. 

VI.  AND  bs  it  further  Ena£fed,   hy  the  Authority  aforefaid.  That  after  fuch  P"*"""^ harbour. 
Sale  is  made  as  aforefaid,  if  any  Perfon  or  Perfons,  Inhabitants  of  this  Govern-  't?folfIi"i^°u' 
ment,  fhall  prefume  to  harbour,  conceal,  or  detain  any  fuch  Ncgroe  or  Slave  fet 
free,  upon  Pretence  of  Debt,  or  othcrwife,  fuch  Perfon  or  Perfons  fo  offending 
Ihall  forfeit  and  pay  One  Hundred  Pounds  Current  Money  ;  one  Half  to  the  Ufe 
of  the  Publick,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the  fame :  ' 
To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within 
this  Government-,  wherein  no  Injunftion,  or  Wager  of  Law,  fhall  be  allowed  or 
admitted  of. 


CHAP. 


^8  L  A   IF  S    of    North-Carolina. 

CHAP.     VI. 

R^'p-^  Jy  ^'^^^     An  ABy  for  the  better  afcertaining  Na'val  Officers  and  Colledlon  Fees, 

Chap.  2. 

CHAP.     VII. 

An  additional  AB  to  an  AB,  intituled ^  An   A<fl,  for  Qualification  of 

Public  Officers.     O  B  S. 


CHAP.     VIII, 
An  A5ly  for  dejlroying  of  Squirrels.   ,  R  E  P. 


CHAP.     IX. 

Rep.  by    Aft,  -^f^  -^^i  fo^  regulating  Proceedings  on  original  Attachments, 

t)iC.     5,         I74S. 

Chjp.   4. 


CHAP.     X. 

Sre  A<!i  pr'ffa   Ah  additional  ASf^  to  an  AB,  intitided^  An  Ad,   concerning  proving 
ap.  39.       Wills,  and  granting  Letters  of  Adminiftration  ;   and  to  prevent  Frauds 
in  the  Management  of  Inteftates  Eilates. 

Pieamkie.  I.  T  "¥  7"  H  E  R  E  A  S  it  has  been  cuftomary  for  Executors  or  Adminiftrators 

Y  Y  to  bring  the  Filatcs  of  deceafcd  Perfons  to  Appraifments,  which  Ap- 
praifm  nts  hav.-  g^n. rally  been  much  fhort  of  the  true  Value  of  the  fame-,  to  the 
gre^t  Detriment  of  the  Creditors  and  Kindred  of  the  Perfon  deceafcd :  For  Pre- 
vention of  the  like  lor  the  future  ; 

II.  BE  it  Enacted^  by  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
aljclute  Lord's  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  yldvice  and 
Confent  of  the  reJi  of  the  Members  of  the  General  ylfj'embly^  new  met  at  Edenton, 
fcr  the  North-Kaft  Part  of  the  faid  Province^  and  it  is  hereby  Ena5led^  by  the 
Doeafcd  p.-rfons  Authoftty  of  the  fc.me^  That  from  and  after  the  Ratification  of  this  Ad,  all  and 
Ear.tcs  how  to  be  evf'ry  Executor  or  Executrix,  Adminiilrator  or  Adminiftratrix,  fhall,  fometime 
before  or  at  the  next  ircciad  Court  aft  r  his,  her,  or  their  entering  on  the  Ad- 
rnini'llration  of  any  deceaf-d  Perfon's  Eftate,  draw,  or  caufe  to  be  drawn,  a  juft, 
true,  and  perfed  Inventory  of  all  the  Goods  and  Chattels  of  the  Deceafed,  (fuch 
only  excepted  as  by  the  afore-mentioned  former  Law  are  referved  to  remain  to 
the  Ufc  of  Orphans  not  of  Age  till  they  arrive  to  full  Age,  or  fuch  as  arc  by 
fpecial  Legacies  particularly  bequeathed  ;  )  which  Inventories  fnall  be  exhibited 
at  the  refpedive  Courts  of  the  i'recind  in  wliich  the  faid  Goods  are,  and  attefled, 
on  Oath,  by  the  Perfons  exhibiting  the  f.me  •,  and  a  Copy  of  which  Inventory  fo 
exhibited  and  attefted,  the  Executor  or  Adminiilrator  fhall  caufe  to  be  affixed  at 
the  Court-houfe  Door  of  the  Precindt,  during  the  Court's  fitting,  giving  Notice^ 

that 


Lv^/^aSc/'North-Carolina.  59 

that' Oil  the  Day  ot  (which  Ihall  be  fome  Days  bctore  the  next  iuc-  ■  ^[J^\^^ 

ceedino-  Court,)  the  faid  Goods  will  be  expofed  to  Public  Salej  to  the  higheft 
Bidder,  at  the  Place  where  the  faid  Goods  are  referved  and  kept  •,  and  thd  Exe- 
cutors or  Adminiftrators  lliall,  on  Oath,  render  a  true  Account  of  fuch  Sale  to 
the  next  Court  immediately  luccecding  fuch  Salts,  and  ihall  accordingly  be  ac- 
countable for  the  fame  to  ilsch  Perfons  as  in  the  afore-mentioned  foi:<ifn6r-Law  is  .^  - 
provided.                   -'                                                               •  -m    .           _  oj       :  . 

III.  AND  in  Cafe  the  Eilate  of  any  Perfon  deceafed  fliall  be  fo  far  indebted  JjJ  J',.^J^','"^,^f 
as  that  the  Debts  cannot  be  difchai^ed  by  the  Sale  of  what  are  deemed'  perilhable  t,i'<=  fold,  \i  r"-' 
Commodities-,  Be  it  further  EnaBed,  That  then  and  in  fuch  Cafe,  the  Executor  .^|'g'^^^"  ?^y 
or  Adminiftr.itor  fhall,  and  they  are  hereby  im powered  and  required,,  to  expofe        ■"' ' 

to  Sale,  in  like  Manner  as  aforcHiid,  by  the  Dired;ions  of  the  Precini^t  Court, 
fuch  Part  of,  and  fo  many  of  the  unperifliable  Goods,  direfted  by  the  Jsefore*- 
mentioned  A61  to  be  k'-pc  and  referved  in  Kind,  'as  will  pay  and  fatisi^-all  fuch 
Debts  and  Demands.  '     -  '      '     '-  •  -•-"" 

IV.  AND  whereas  fome  Doubts  have  arifen  concerning  the  Mantier-  of  Reco-  .{.^l^i^  '.^c[. 
Very  of  Legacies,  filial  Portions,  and  other  Parts  of  deceafed  'Perfons  Eftates;  -howtohe  x^w. 
Be  it  further  EnaBed^  That  it   (hall  and  may  be  lawful- to 'recover  the  fame  by  ""  '  ■. 
Petition,  accorciing  to  the  refpeflive  Sums  fued  for,  in  the  General  or  Precinct    '■  ■ 
Courts  of  this  Province,  as  well  ^as  in  any  Exclfcfiaftical  or  other  Court  whatfoevep. 

"..'•'■-  .  ■    .  ■    ■  .:..    .:  lo 

_ ^ ^— — ■       i,riT  ^ri'ij'ii? 

C  H  A^Pi  ''5CI. 

^/i  AB^  to  rejlram  the  keeping  too  great  a  Number -of  Horfe's-  andMareSy  „ 

and  fcr  amending  the  Breed.    \  Jji  Un.  f;-;  -^•■J^^^ 

'■',-'  .' .OiO^  "J  :'■-*  ' .  ' ,- ' 

I.  X^  E  it  Enacted^  by  his  Excellency  the  Palatine,  and  'the  reft  of'.t%e,^trjiie  dnd 
J3  abfclute  Lords  Proprielorsyf  Carolina,  by  and  with  the  Advice  and' 'Confent 
cfi.be  reft  of  the  Members  of  the- -General  JJfembly,    noiv  met  at  Edcnton,  ./cr 
the  North-Eaft  Part  of '  the  faid  Province^  'alid.it  is  hereby  Enacted,  by  the  Au-  n^  p.-rfon,  not 
thonty  of  the  farfiCyThsLt  no  Perfon,  being 'an.  Inhabitant  of  this  Government,  and  ofjoAjeT'^!"* 
not  having  a  Freehold  of  Fifty  Acres  of  Land,  6v  poffeired*  'of,    of  occupying  totcepaStaiiion 
Lands  or  Tenements,  flidil  keep,    as  Owner,  a  Stone-Horfe  or  Horfes,  or  un-  t'Ln'i'GJid;^^^ 
foade  Mare  or  Mares,  or  any  n> ore  than  ohe  Gelding,  or  fpade  Mafe,  to  run  at  "■■  'p'")e"  Mar', 

-/     .  ■'  <-'  i.  running  at  larg;, 

II.  ANT)  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  if  any  Per-  PerCons  keeping 
fon,  not  qualified  as  aroferai'd,'*niaH  keep  any  Morfe  orTvIare  ruhnihg  af  large,  onttTy'toThi* 
except  one  Gelding,  and  one  fpade  Mare,  fs  aforefaid,  it  fnall  and  may  be  law-  Art,  what  :o 
ful  for  any  Perfon  to  take  up  the  fame,  who  is  hereby  obliged  and  directed  to    '"  *^"' 
give  Notice  thereof,  in  Writing,  to  the  Owner, .  within  Three  Days  a^ter  fuch 
taking  up  •,  which  Owner  Ihall  have  Liberty  to  appear  at  the  next  fuceeeding 
Court  of  the  County  wliercin  he  dwelleth,  and  if  he  can  prove,  to  the  Satisla6tion 
of  the  faid  Court,  that  he  is  qualified,  according  to  the  Meaning  of  this  A61,  to 
keep  fuch  Horfe  or  Mare  fo  taken  up,  he  fhall  have  the  flime  reftored  ;  but  if  he 
fhall  fail  in  his  Proof  aforefaid,  he  fhall  pay  to  the  Perfon  taking  up,  Iwenty 
Shillings  for  every  Horfe  or  Mare  fo  taken  up:  And  if  the Gwner-oHlich -Horfe 
or  Mare  fhall  refufe  to  pay  the  aforefaid  Sum  of  Twenty  Shillings,  that  then  it 
fhall  and  may  be  lawful  tor  the  taker  up  of  fuch  Horfe  or  Mare  to  fell  the  fame, 
at  Public  Vendue,  to  the  highcfl  Bidder,  and  one  Half  of  the  Mony  arifing  by 
fuch  Sale  to  take  to  himfelf,  and  the  other  Half  he  fhall  deliver  to  the  Owner 
of.  JufiiLIorfe  or  Mare. 
'  -^-^  •  III.  AND 


6o  Z,    ^     /^    5       O/"      N  O  R  T  H  -  C  A  K   O  L  I  N  A. 


.-/.  D.     .723 

ifN^i^^TT^n  II J-  ^NDhe  it  fiirthcr  Enacted,  by  the  Authority  aforefaid.  That  where  the 
in  \kU  than  10  Information  of  the  taking  up  ot  luch  i4orfLS  or  unfpade  Marcs  as  aforefaid,  Ihall 
cou!t!"o'.vntr'  happcH  to  be  made  to  tiie  L^v/ncr  or  owners  witain  lefs  than  Ten  Days  before  the 
may  appear  at  Time  of  the  fitting  of  the  Court  of  the  r'recind  where  fuch  Owner  refides,  in 
cTmt,"'"'  '"^  fuch  Cafe  he  fhah  hdve  i^ibcrty  to  appear  at  the  next  fucceeding  Court  after  fuch 

Court,    to  prove  himfcif  a  Freehoidtr,    or  pofTeired  of  or  occupying  Lands  or 

Tenements. 

No  Pf rfon  to  let  J V.  AN D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Perfon  or 
13' H"nds  high"  Perfons  whatfoevtr,  Inhabitants  of  this  Government,  fhall  fuffer,  or  let  go  at 
go  at  large.  large,  any  Stone- Horfe  or  b.tont-liorf.^s  or  Two  icars  old,  unkfs  fuch  Horfe  or 
Horfcs  flaall  be,  at  leaft,  Ihirtctn  Hands  in  Height,  upon  Penalty  of  forfeiting 
fuch  Horfe  or  Horfes,  or  the  oum  of  Three  bounds,  to  the  taker  up  of  every 
fuch  Stone-horfe  ;  provided  the  fame  be  found  running  at  large,  and  not  within 
the  Confine  of  any  fence,  W  ater,  Marlh,  or  Swamp. 

Jttuvn?"  «"?  ^'  ^  N  Bbe  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  taker  up 
th.  fame  before  a  of  fuch  Stone-horfe  {hall,  within  Ten  Days  after  the  taking  up  thereof,  carry  the 
Io'dV/IS"  f^"^e  Horfe,  and  make  Oath,  before  fome  Juftice  of  the  Peace,  of  his  taking 
makeOat'hofthe  Up  the  fame ;  which  Proof  being  made,  the  Juilices  fhall  caufe  fuch  Stone-horfe 
^'"''  to  h^  meafured,  and  upon  finding  him  not  full  Thirteen  Hands  high  at  Two  Years 

old,  as  aforcfaitl,  the  juftice  fhaJl  give  a  Certificate,  from  under  his  Hand,  cer- 
tifying the  fame  •,  and  thereupon  the  Taker  up  of  fuch  Horfe  or  Horfes  fo  do- 
ing fhall  keep  the  fame,  until  the  Owntr  Ihall  redeem  fuch  Horfe  or  Horfes,  by- 
paying  the  Sum  of  Three  Pounds  atorefaid  to  fuch  Taker  up. 

'^^N'teTdVrrib!       ^^-  PROVIDED  neverthelef,  and  it  is  hereby  required.  That  fuch  Taker 

i'i'g  fuc"  H  rfc"  up  Ihall  fet  up  Advertifements,  defcribing  the  faid  Horfe  or  Horfes,  with  his  or 

wuh'n'i^D"!'  ^"^^^^  Colour  and  Brand,  at  the  Precinft  Court-houfe  Door  where  fuch  Owner  fhall 

paying  3 1.  to  '  live  or  refide ;  and  if  the  Owner  of  fuch  Horfe  or  Horfes  fhall,  within  Ten  Days 

ftorcH'-"^ther-    ^ftcr  fuch  Notice  given,  tender  to  the  Taker  up  thereof,  by  paying,  the  Sum  of 

wife  to  jofe  inm.  Thrcc  Pounds,  or  giving  Security  for  the  Payment  thereof,  that  then  and  in  fuch 

Cafe,  fuch  Owner  fhall  recover  and  redeem  fuch  Horfe  or  Horfes  ;  otherwife  the 

Taker  up  thereof  is  hereby  intitled  to  the  Right  and  Property  of  fuch  Horfe  or 

Horfes :  Any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

comniencement        VII.  A  N  D  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  no  Part, 
of  this  Aft.       Claufe,  or  Thing  contained  in  this  Ad:,  Ih  ill  take  Place,  or  be  in  Force,  till  af- 
ter the  Firft  Day  of  July  next,  after  the  Ratification  hereof. 


CHAP.    XII. 


A71  ASf,  for  ejilarging  and  E?Jcourage?nent  of  the  Town  at  the  Jfand  of 
Roanoke,  now  called  Carteret.     O  B  S. 


CHAP. 


LAWS    of    North-Carolina.  6r 


A.   D.    STi'}. 

CHAP.     XIII. 

An  A5i,  for  (be  better  fettling  of  the  Tow7i  of  Newbern,  in  the  Precindi 

of  Craven. 

I.  TTTHEREAS  a  certain  Plot  of  Ground,    being  Part  of  a  Trad  of  P''^^"' 

YY  Land,  lying  in  the  Fork  of  Neufe  River,  late  belonging  to  the  Hon- 
ourable Col.  Thomas  Pollock,  deceafed,  but  now  the  Property  of  Mr.  Cullen  Pol- 
lock^ was  formerly  laid  out  into  a  Towniliip,  by  the  Name  of  Newberfiy  with 
proper  Allotments  for  a  Church,  Court-houfe,  and  Market-place ;  as  by  a  Plot 
or  Draught,  upon  Record  in  the  Clerk's  Office  of  Craven  Precin6b  Court,  will 
more  plainly  appear :  Therefore,  for  the  Advancement  of  the  faid  Town  ; 

.  II.  B  Eit  EnaEledy  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
ahfolnte  Lords  Proprietors  of  the  Pro-uince  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly^  now  met  at  Eden- 
ton,  for  the  North-Ead  Part  of  the  faid  Province,  and  it  "is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  faid  Land,  as  it  is  already  laid  out  by  the 
faid  Draught,  together  with  as  much  other  Land  lying  contiguous  and  moft  con- 
venient to  the  faid  Town,  to  compleat  a  Towniliip,  as  Ihall  make  the  whole 
Two  Hundred  and  Fifty  Acres,  reftrving  to  the  Owners  thereof  the  Property  of 
fuch  Lots  'as  are  fold  already  by  William  Hancock,  Attorney  of  th.^  faid  Col.  Tho- 
mas Pollock,  is  hereby  and  henceforward  invcfted  in  Mr.  Cullen  Pollock,  Mr.  Wil- 
liam Hancock,  Jun.  and  Richard  Graves,  or  any  of  tljem,  for  the  Ufe  aforefaid. 
Declared,  Confirmed,  and  Incorporated  into  a  Townihip,  by  the  Name  oi  New- 
bern ;  with  all  Privileges  which  ever  have  belonged  to  the 'faid  Town,  or  fhall 
hereafter  be  expreficd,  for  ever. 

III.  PURSUANT  to  which,  //  is  hereby  EnaBed,  by  the  Authority  afore- 
faid. That  the  Places  already  laid  out  for  a  Church,  Court-houfe,  and  Market- 
place, be  referved  for  tiiofe  Ufts ;  and  that  the  reft  of  the  I-and  not  already  laid 
out,  be  forthwith  laid  out  into  Lots  of  Half  an  Acre  each,  with  convenient 
Streets  and  Paflages,  with  Fronts  belonging  to  the  faid  Lots,  by  the  faid  Truf- 
tees,  or  any  of  them. 

IV.  A  N  B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  Ca//^« 
Pollock  fliall  be,  and  he  is  hereby  appointed  the  prefent  Trcaiurer  and  Receiver 
of  the  Monies  arifing  by  the  Sale  of  the  faid  Lots ;  and  on  his  Death  or  Depar- 
ture out  of  the  Government,  the  Firft  in  Commiffion  fhall  fucceed,  and  be  Trea- 
furer  for  -he  Time  being,  he  giving  Security  to  the  Juftices  of  the  faid  Precinft, 
that  he  will  be  accountable  for  the  Money  he  fhall  receive  by  the  Sale  of  the  faid 
Lots,  unto  the  faid  Mr.  Cullen  Pollock,  his  Heirs  or  AfTigns. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  any  Perfon 
whatfoever  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fhall 
have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before 
taken  up  ;  which  Lot  or  Lots  the  Commiffioners  afore  appointed,  or  any  of  them, 
ar€  hereby  direded,  required,  and  impowercd,  to  grant,  convey,  and  acknowledge, 
to  the  Perfon  fo  taking  up  fuch  Lots,  and  to  his  Heirs  and  AfTigns,  for  ever, 
in  Fee-Simple,  upon  the  Payment  of  Twenty  Shillings,  Confideration-Money, 
with  a  Pepper  Corn  Yearly,  if  demanded,  as  an  Acknowledgment  to  the  faid 
Cullen  Pollock,  his  Heirs  or  Afligns,  for  ever,  for  each  Lot :  Which  Twenty 
Shillings  fhall  be  paid  to  the  faid  Cullen  Pollock,  the  Owner  of  the  faid  Land,  and 
to  his  Heirs  and  AfTigns. 

Ct  VI.  P  RO- 


62^  LAWS      o/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

A,  D.    1723. 

VI.  P R OVID E D  always.  That  what Perfon  foever  fhall  take  up,  and  have 
conveyed  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  Ihall  not  build,  or 
caufe  to  be  built  thereon,  within  Eighteen  Months  after  the  Date  of  the  faid  Con- 
veyance, a  good  and  fubftantial  habitable  Houfe,  not  of  lefs  Dimenfions  than 
Twenty  Feet  in  Length,  and  Filteen  Feet  wide,  without  Shed,  every  fuch  Con- 
veyance lliall  be,  and  it  is  hereby  declared  void  and  of  none  Effe£t,  as  it  the 
fame  had  never  been  made  or  done  ;  and  then  the  faid  Lot  or  Lots  fhall  be  frec- 
and  clear  for  any  otlier  Perfon  to  take  up  and  purchafe  the  fame,  as  if  it  had  ne- 
ver been  taken  up :  And  the  Money  arifing  by  fuch  Sales  fhall  be  paid  unto  the 
faid  CuUen  Pollock,  his  Fleirs  and  AiTigns,  by  the  laid  Commiflioners,  as  aforefaid. 

VII.  AN D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Per- 
fon or  Perfons  fliall  die  pofTefled  of  any  of  the  faid  Lot  or  Lots,  without  leaving 
Heirs,  or  without  making  of  a  Will  of  the  faid  Lot  or  Lots,  that  then,  and  in 
fuch  Cafe,  the  abfolute  Fee  fliall  come  and  revert  unto  the  faid  Cullen  Pollock, 
his  Heirs  and  Affigas,  for  ever;  notwithftanding  any  Thing  contained  in  an  Aft, 
intituled,  An  Act,  concerning  Efcheat  Lands  and  Efcheators,  or  any  other  Law» 
Cuftom,  or  Ufiig-e  to  the  contrary. 

Y\\V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com- 
miflioners, or  any  T^Vo  of  them,  fliall  have  full  Power  and  Authority,  and  they 
are  hereby  impowered  and  required,  to  remove  all  Nufances  within  the  Limits  of 
die  faid  Town  ;  and  that  no  Perfon,  inhabiting  in  the  faid  Town,  holding  Lots 
there,  fliall  inclofe  the  fame,  or  keep  the  fame  inclofed  in  the  faid  Town,  undef 
a  common  Stake-Fence  -,  but  every  Lot  or  Lots  inclofed,  fhall  be  either  paled 
my  or  done  with  Pofts  and  Rails  ict  up. 

IX.  A  N  D  for  a  further  Encouragement  to  the  fettling  of  the  faid  Town ;  Be 
it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Eledions  of  Burgefles,  or 
other  Public  Bufinefs  and  Affairs  of  the  like  Nature,  properly  belonging  to  the 
faid  Precinft  of  Craven,  fliall  be  taken  and  done  within  the  aforefaid  Town  of 
Ne'wbern. 


CHAP.     XIV. 

An  additional  A5f  to  an  ASf,  intituled.  Staple  Commodities  rated. 

OBS. 


C  H  A  P.     XV. 

An  AB,  for  incorporatifig  the  Sea  Por/^  fo/' Beaufort,  in  Carteret  TrecinSl^ 
into  a  Tonanjljip,  by  the  Name  of  Beaufort. 

Private.  I.  XTTHEREASa  certain  Plot  of  Ground,  being  Part  of  a  Trad  of  Land, 

VV  in  Core-Sound,  late  belonging  to  Robert  Turner,  Efq-,  but  now  the  Pro- 
perty of  Richard  Ruftul,  Efq-,  was  formerly  laid  out  into  a  Townfliip,  by  the 
Name  of  Beaufort  Town,  with  proper  Allotments  for  a  Church,  a  Town-houfe, 
and  a  Market-place ;  as  by  a  Draught  thereof,  upon  Record  in  the  Secretary's 
Office,  doth,  and  may,  more  fuUy  and  at  large  appear :  And  whereas  the  true 
and  abfolute  Lords  Proprietors  of  Caroline^  upon  the  Petition  of  the  Inhabitants 


LAWS    o/^North-Carolina.  63 

of  Core-Smnd^  now  called  Carteret  Precindt,    have  erefted  the  fame  into  a  Sea    ^-  ^-  »733- 

Port,  by  the  Name  of  Pert-Beaufort,  and  have  invefted  the  fame  with  all  Privi-  ^^ "^ ^ 

leges  and  Immunities  belonging  to  a  Sea  Port :  Therefore,  for  the  Encourage- 
ment of  the  faid  Town,  and  the  due  Encouragement  of  the  Trade  and  Commerce 
thereof,  and  the  Pai'ts  adjacent, 

II.  We  pray  that  it  may  be  Enadled,  And  he  it  Ena5fed^  by  his  Excellency  the 
Palatine,  and  the  reft  of  the  true  and  abfolute  Lords  Proprietors  of  the  Province  of 
Carolina,  hy  and  ivith  the  Advice  and  Confent  of  the  reft  of  the  Members  of  this 
■prefent  General  Affembly^  now  met  at  Edenton,  for  the  North-Eaft  Part  of  the  faid 
Province,  and  it  is  hereby  Enaacd,  by  the  Authority  of  the  fame.  That  the  faid 
Land,  as  it  is  already  laid  out,  together  with  as  much  other  Land  lying  conti- 
guous and  moft  convenient  to  the  laid  Town  to  compleat  a  Townfhip,  as  fhall 
make  the  Whole  Two  Hundred  Acres,  refcrving  to  the  Owners  thereof  the  Pro- 
perty of  fuch  Lots  as  were  fold,  in  Fee-Simple  abfolute,  by  the  faid  'Turner,  be, 
and  it  is  hereby  and  henceforward  invefted  in  Richard  Ruftull,  and  Chriftopher 
Gale,  Efqrs.  John  N elf  on,  Jofeph  Bell,  'and  Richard  Bell,  or  any  Two  of  them, 
to  and  for  the  Ufes  aforcfaid,  and  Declared,  Confirmed,  and  Incorporated  into  a 
Townlhip,  by  the  Name  of  5^^«/(jr/,  with  all  Privileges  hereafter  cxprefTed,  for 
ever. 

III.  PURSUANT  to  which,  //  is  hereby  Ena^ed,  That  the  Places  alrea- 
dy laid  out  for  a  Church,  aTown-houfe,  and  a  Market-place,  be  referved  for 
thofe  Ufes  -,  and  that  the  reft  of  the  Land  not  already  laid  out,  be  forthwith  laid 
out  into  Lots  of  Half  an  Acre  each,  with  convenient  Streets  and  Paflages,  by  the 
faid  Truftees,  or  any  Two  of  tiiem. 

IV.  PROVIDED  akvays.  That  the  principal  Streets  in  the  faid  Town 
fhall  be  Sixty  Six  Feet  wide,  at  leaft. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Rich- 
ard Rtftul,  Efq;  fliall  be  the  prefent  Treafurer  and  Receiver  of  the  Monies  ari- 
fing  by  the  Sale  of  the  faid  Lots ;  and  on  his  Death  or  Departure  out  of  the  Go- 
vernment, then  the  Firft  Commiinoner  fhall  fucceed,  and  be  Treafurer  for  the 
Time  being,  he  giving  Security  to  the  Juftices  of  the  Precinct  Court,  that  he 
v/ill  be  accountable  for  the  Monies  he  fhall  receive,  according  to  the  Directions  of 
this  A6t. 

VI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per- 
fon  wiiatfoever  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town, 
fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not 
before  taken  up  ;  which  Lot  or  Lots  the  CommifTioners  aforefaid,  or  any  Two  of 
them,  are  hereby  direded,  required,  and  impowered,  to  grant,  convey,  and  ac- 
knowledge, to  the  Perfons  fo  taking  up  the  lame,  and  his  Heirs  and  Afligns,  for 
ever,  in  Fee-Simple,  upon  Payment  of  Thirty  Shillings,  Confideration-Money, 
for  each  Lot,  whereof  Twenty  Shillings  fliall  be  paid  to  Richard  Ruftull,  Efq-, 
the  Owner  of  the  faid  Land,  and  to  his  Heirs  and  Afligns,  and  the  other  Ten 
Shillings  fhall  be  for  the  purchafing  Great  Guns,  and  for  fortifying  the  faid  Town  ; 
and  fliall  be  paid,  by  the  Treafurer  afore-mentioned,  into  fuch  Hands  as  the  Go- 
vernor or  Commander  in  Chief  for  the  Time  being  fhall  appoint  to  overfee  the 
faid  Work.  •  -: 

-  Kfirfl  hy-M 

VII.  P  RO  V  ID  E  D  always.  That  what  Perfofl  foever  fhall  take  up  anH  have 
conveyed  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  fliall  not  build,  or 
caufe  to  be  built  thereon,  within  Two  Years  after  the  Date  of  the  faid  Convey- 
ance, a  good  fubftantial  habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty 

Feet 


64  LAWS    o/'North-Carolina. 

Feet  in  Length,  and  Fifteen  Feet  wide,  befides  Sheds,  or  make  Preparation  for 
fo  doing,  as  the  Court  of  the  Precinft,  by  View  of  any  Two  or  more  of  them, 
fhall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance  fhall  be,  and  it 
is  hereby  declared  void  and  of  none  Effcd,  as  if  the  fame  had  never  been  made ; 
and  then  the  faid  Lot  or  Lots  fhall  be  free  and  clear  for  any  other  Ferfon  to  take 
up  and  purchafe. 

VIII.  PROVIDED  c.lfo.  That  all  Monies  arifmg  by  the  Second  or  other 
Sales  of  the  faid  Lots,  fnall  be,  and  is  hereby  appropriated  to  the  Ufe  of  the  Pa- 
rifh ;  firft,  for  the  building  of  a  Church,  and  afterwards,  to  fuch  other  Ufes  as  the 
Churchwardens  and  Veftry  Ihall  think  fit. 

IX.  JND  h  it  further  Ena5iedy  by  the  Authority  aforefaid.  That  the  Com-, 
mifiioners  aforefaid,  or  any  Two  of  them,  fhall  have  full  Power  and  Authority, 
and  they  are  hereby  impowered,  required,  and  commanded,  to  remove  all  l\u- 
fances  within  the  Limits  of  the  faid  Town  :  And  that  no  Perfons,  Inhabitants  of 
the  faid  Town,  or  holding  Lots  there,  fliall  enclofe  the  fame,  or  keep  the  fame 
enclofed  in  the  faid  Town,  under  a  common  Stake-Fence ;  but  every  Lot  or  Lots 

"fo  enclofed,  fhall  be  either  paled  in,  or  done  with  Pofts  and  Rails  fet  up. 

X.  AN D  be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  the  Church 
for  the  faid  Precind;  of  Carteret,  hereafter  declared  to  be  the  Parifh  of  St.  John^ 
and  the  Court-houfe  for  the  fame,  fliall  be  built  in  the  faid  Town  :  And  the  Juf- 
tices  of  the  faid  Precinft  for  the  Time  being,  fhall  have  full  Power  and  Authority 
to  levy,  or  caufe  to  be  levied,  any  Sum  or  Sums  of  Money,  not  exceeding  One 
Hundred  Pounds  in  the  whole,  upon  the  Inhabitants  or  Kflates  in  the  Precindt 
aforefaid,  for  and  towards  the  erefting  and  building  the  Court-houfe  afore-men- 
tioned, as  foon  as  the  Circumflances  of  the  Inhabitants  will  admit  of  raifing  the 
faid  Sum. 

XI.  A  N  D  as  a  further  Encouragement  to  the  Settlement  of  the  faid  Town  ; 
]Be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Mufters  for  the  Pre- 
eindt  of  Carteret,  Eleftions  of  Burgefles,  and  all  Bufmefs  and  Affairs  of  the  like 
Nature  which  properly  belongs  to  the  faid  Precind,  fhall  be  taken,  done,  and 
tranfa6led  within  the  faid  Town  of  Beaufort,  and  in  no  other  Place  or  Places 
whatfoev-er. 

XII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Li- 
quors which  are,  bona  fide,  the  Growth,  Produ6t,  and  Manufaclure  of  the  Pre- 
cindt  of  Carteret,  fhall  and  may  be  retailed  in  the  faid  Town,  for  the  Space  of 
Ten  Years  next  after  the  Ratification  of  this  Adt,  by  any  Freeholder  or  Inhabi- 
tant of  the  faid  Town,  without  any  Licenfe  or  other  Permit  for  fo  doing  -,  fubjedt 
nevcrthelefs  to  the  feveral  Penalties,  Forfeitures,  and  Rcflridions,  as  by  the  Law, 
intituled,,  Ordinary-keepers  how  to  fell,  are  made  and  provided. 

XIII.  AN  Dbe  it  further  EnoMed,  by  the  Authority  aforefaid.  That  all  Perfons 
PofTeflors  or  Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby  obliged, 
within  Two  Years  after  the  Ratification  of  this  Ad:,  to  clear  all  fuch  Lots  held 
and,  pofTefTed  by  them,  from  all  Manner  of  Wood,  Under-wood,  Brufli,  or 
Grubs,;  that  are  or  may  be  ofFenfive  to  the  faid  Inhabitants,  and  fliall  keep  and 
maintain  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafter,  as  often  as 
Need  fhall  require  ;  under  the  Penalty  of  Five  Shillings  for  every  Month  the  faid 
Lots  fhall  lie  uncleared  after  the  Expiration  of  the  Time  aforefaid  :  To  be  reco- 
vered before  One  Juftice  of  the  Peace,  and  applied,  one  Half  to  the  Informer, 
and  til?  other  Half  to  the  V(,^ftry,  for  the  Ufe  of  the  Parifli. 

)xS\  XIV,  AND 


LA   IV  S    of    North-Carolin  A.  65 


XIV.  AND^e  it  further  Enacted,  by  the  Authority  afar ef aid.  That  in  Cafe 
of  the  Death  or  Departure  out  of  the  Government  of  any  of  the  Commiflloncrs 
aforefaid,  the  remaining  Part  of  the  Commiffioners,  together  with  the  Juftices  of 
the  Court,  are  hereby  fully  authorifed  and  impowered  to  make  Choice  of  fome 
oiher  Perfon  or  Pcrlons  to  fucceed  fuch  Commiflioner  or  Commiffioners  fo  dying 
or  departing,  as  aforcfaid  ;  which  Perfon  or  Perfons  fo  eledted  and  chofen,  Ihall 
be,  and  they  are  hereby  invefted  with  as  full  Power  and  Authority,  to  all  Intents 
and  Purpofts  whatfoevtr,  as  the  prefent  Commiffioners  now  herein  nominated  and 
appointed  j  that  fo  the  full  Number  of  Commiffioners  may  be  always  kept  up 
and  full. 

XV.  AND  whereas  the  faid  Town  of  Beaufort,  and  Parts  adjacent,  is  made 
a  Precin6t,  divided  from  Craven,  by  the  Name  of  Carteret  Precind  ■,  Be  it  there- 
fore Ena^ed,  by  the  Authority  aforefaid.  That  the  faid  Precin6l  be,  and  it  is  here- 
by eredled  into  a  Parifli,  by  the  Name  of  St.  John's  Parifh  ;  and  that  the  follow- 
ing Perfons  be,  and  they  are  hereby  appointed  Veftrymen  of  the  faid  Parifh,  Z'iz. 

Chrijlopher  Gale,  Efq-,        Jofeph  Bell,  John  Shaw, 

John  Nelfon,  Richard  JVithurJi,  Richard  Williamfon, 

Richard  Rufliill,  John  Shakleford,  Thomas  Merriday, 

Enoch  Ward,  Jofeph  Fullford,  Charles  Cogdail. 

Which  faid  Veftrymen  fhall  be,  and  they  are  hereby  invefted  with  all  fuch  Pri- 
vileges and  Authorities,  and  fubjeft  to  the  fame  Penalties  and  Forfeitures,  within 
the  faid  Parifh,  as  in  and  by  an  A<5f,  intituled.  An  Act,  for  eftahlifhing  the  Church, 
and  appointing  felect  Vejiries,  is  and  are  given  to  the  Churchwardens  and  Veftry  of 
the  feveral  and  refpedive  Parilhes  in  the  faid  A6t  mentioned. 

XVI.  AN P  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  whofoever 
fhall  be  found  guilty  of  quarreling  or  lighting  in  the  faid  Town  or  Townlhip, 
or  in  any  other  Town  or  Townfhip  which  now  is,  or  hereafter  fhall  be  laid  out 
within  this  Government,  in  the  View  of  any  Juflice,  or  fhall  be  thereof  convi6led, 
by  the  Oath  of  one  credible  Witncfs,  fhall  forfeit  and  pay,  for  every  fuch  Offence, 
the  Sum  of  Ten  Shillings ;  and  for  Want  of  fuch  Payment,  fhall  fuffer  Twen- 
ty Four  Hours  Imprifonment  in  the  common  Goal,  or  elfe  be  fet  in  the  Stocks 
for  the  Space  of  Two  Hours,  at  the  Difcretion  of  the  Juflice  ;  provided  that  the 
Information  be  made  within  Twenty  Four  Hours  after  fuch  Offence  fhall  be  com- 
mitted :  And  in  Cafe  any  Juflice  of  the  Peace  fhall  negledl  to  do  his  Duty  here- 
in, either  upon  View,  or  Information  to  him  made,  he  fhall  forfeit  and  pay  the 
Sum  of  Twenty  Shillings,  to  the  Ufes  laft  above  mentioned. 

S  I  G  N  E  D  by     • 

William  Reed,  Efqj  Prefident. 

y.  Pollock,  Chr.  Gale, 

ikf.  Moore,  John  Lovick, 

Lords  Proprietors  Deputies. 

Edward  Moseley,  Speaker, 


R  Anno 


A.   D.  1723. 


L  A   W  S    of    North-Carolina.  67 


/Ids.  iS^>^ik.-^^^^  iS^-.  ife^^il^  i^:;^41 

Anno  Regni 

G  E  O  R  G  I  I   n, 

Regis,    Magn^e  Britaiinii^^    Francis,    &  Hiherntiey 

Prlmo. 


A.   D      \T2.7. 


At  a  General  Biennial  ASSEMBLY,  held  at  Edentori,  in  s^'^'chahp 
Choojoan  Precin6i:,     the   Sixth    Day    of   November ^     One  g^^™""' 
Thoufand   Seven   Hundred    and   Twenty    Seven. 


CHAP.    I. 

An  ASty  to  encourage  the  Tanning  of  Leather  in  this  Province.  ^^p-  ^y  ^^* 

*  ^0^-  27,  l^^^. 


Chap.  %, 


CHAP.    II, 

An  AB,  for  Regulatitig  Towns,  and  Eledlions  of  Burgejfes.     REP, 


CHAP.    Ill, 

An  AS},  to  Regulate  Trade  in  Bath  County.     REP, 


CHAP.     IV. 

An  Aa,  for  encouraging  and  facilitating  Navigation  in  this  Province. 

REP. 


CHAP. 


68  1/^/F.So/"    North-Carolina. 

^-  _■_     I         I  ■    ■    T  ..    '    ~  '  .        " '  — —      '  ~  '  -     -  -  

-tf.  Z).    1727. 

CHAP.     V. 

j^n  ABy  to  encourage  Dejlroying  of  Vermin.     EXP. 


CHAP.    VI. 

An  Aci^  for  Enlarging  and  Confif-ming  the  Power  of  the  PrecinB  Courts, 
and'  to  prevent  ASiions  and  Indi6lments^  of  fnall  Value^  being  brought 
in  the  General  Coip-t.     EXP. 


CHAP.    VII. 

Rep.  all  but  the  An  ASi^  to  appoint  the  North-weft  Part  of  Bertie  PrecinB  a  dijlindt 

which  are'fsfou       Parijh^    by  the  Name  of  the  North- weft  PariJJi  of  Bertie  PrecinB, 

'"*'•  and  for  appointing  Vejlrymen  for  the  faid  Parijh  'y  and  to  appoint  Com- 

mijjioners  in  every  PariJJo  in  this  Goverfimefit,  to  call  the  Churchwardens 

and  Vefry  to  Account ^  for  the  Parijh  Money  by  them  received. 

pritjte.  I.  TT7HEREAS  many  Tnconveniencies  attend  the  Inhabitants  of  Bertie 

W     Precind,  by  Reafon  of  the  Largenefs  of  the  Parilh,  it  including  the 
whole  Precind : 

II.  B  E  it  therefore  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the 
true  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  this  prefent  General  JJfembly,  now  met  at 
Edenton,  for  the  North-Eaft  Part  of  the  faid  Province^  and  it  is  hereby  EnaUed^ 
by  the  Authority  of  the  fame.  That  the  faid  Precindt  be  divided  into  Two  Parifhes, 
as  follows :  From  the  Mouth  of  Wreftann's  Creek  up  the  faid  Creek  to  the  Head 
of  Ahatfkey  Swamp,  from  thence  a  dired  Courfe  to  the  Head  of  Bridger's  Creek, 
thence  down  the  faid  Creek  to  Roanoke  River,  and  from  thence,  a  South-weft 
Courfe  to  the  outer  Inhabitants  upon  Fiftjing  Creek. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  there  fhall 
be  a  Veftry  appointed  for  the  North-weft  Parifli  of  Bertie,  confifting  of  the  Mi- 
nifter,  (when  any  fuch  fhall  be,)  and  the  following  Perfons,  viz. 

Major  Barnabas  Mackennie,     Capt.  John  Spann,  Mr.  Jofeph  Lane,  Sen, 

Mr.  Benjainin  Hill,  Mr.  Robert  SimmonSy      Mr.  Richard  Pace, 

Mr.  Arthur  Williams,  Mr.  John  Due,  Capr.  George  Winn, 

Mr.  Edward  Howard,  Mr.  William  Kinchen,     Mr.  John  Boude.  ^ 

Which  faid  Veftrymen  are  to  befummoned,  by  the  Provoft  Marlhall,  or  his  De- 
puty, to  meet  at  the  Church,  Chappel,  or  Court-houfe,  in  the  faidParifh,  within 
Forty  Days  after  the  Ratification  of  this  Ad  -,  under  the  Penalty  of  Twenty  Shil- 
lings for  every  Veftryman  not  fummoned :  To  be  recovered,  by  Bill,  Plaint,  or 
Information,  in  any  Court  of  Record  within  this  Government,  and  applied  to  the 
Ufe  of  the  Poor  of  the  Parilh. 

IV.  AND  be  it  further  Enacted,  hy  jhe  Authority  aforefaid.  That  if  any  fuch 
Veftryman,  being  fummoned,  ftiall  fail  to  appear  and  qualify  himfelf,  as  by 
Law  is  appointed,  (unlefs  he  be  a  known  Diffenter  from  the  Church  of  England,) 

he 


L  A   IV  S     o/'    North-Carolina.  69 

he  fliall  forfeit  the  Sum  of  Five  Pounds;  to  be  recovered,  by  Adion  of  Debt    ^  />•   «7»9- 
Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within  this  Government 
and  applied  to  the  Ufcs  above  mentioned. 

V.  AND  be  it  further  Ena3ledy  hy  the  Authority  aforefaid.  That  the  faid  Vef«» 
trymen  fhall  have  as  tuU  Power  and  Authority,  as  the  Veftrymen  have  in  anA6tj 
intituled,  An  A£ly  for  ejlablijioing  the  Church,  and  appointing  fele^  Vejiries. 


CHAP.     VIII. 

An  A5i,  for  Regulating  the  A5i,    For  appointing  indifferent  Jurymen,  R«p-.  ^y  *«, 
and  to  Repeal  that  Part  thereof  as  relates  to  Precind:  Courts.  c£p.  I'.  *^'*** 


S  I  G  N  E  D  by 

Sir  Richard  Everard,  Governor, 
Chr.  Gale,  J.  Lovick, 

Edmond  Gaky  Ed.  Mofeley, 

Rich.  Sander/on,  Robert  Weji^ 

T.  Pollocky  Tliomas  Harveyl 

Lords  Proprietors  Deputies. 
John-Baptista  Ash,  Speaker. 


^^  ,S^i^ 


Anno 


."0  rnovo  D  ,  a  P:  a  ^  s 


ev 


L  ji  W  S    of    North-Carolina.  71 


j1.    v.     1-29- 


Anno  Regni 

G  E  O  R  G  I  I   II, 


^■1     1^ 


Regis,    MagJJ^  Britanm^y    Fraftct^y:' bC  Hiberni^, 

Tertio. 


[ C  U  A  (D 


At  a  General  ASSEMBLY,  held  at  Ede^fof/,  in  Chowan  S'R.. 
Precin^^,  the  Twenty  Seventh  Day  of  ISovember,  in  the  B.rt!Gov«oJr. 
Year  of  our  Lord  One  Thoufand    ^even   Hundred   and 
Twenty  Nine. 


C  H  A  P.     I. 

An  A5l,  for  the  making  and  emitting  the  Sum  of  Forty  Thoufand  Foundry 
Fublic  Bills  of  Credit  of  North-Carolina.     O  B  S. 


CHAP.     II. 

An  Acl^  for  the  more  quiet  fettling  the  Bounds  of  the  M.oh^xxmlnd.hns 

Lands, 

I.  "\ll  7"^  E  R  E  A  S  Complaint  is  made  by  the  Meherrin  Indians^  that  the  Eng-  Private* 

VY  li/h  People  difturb  them  in  their  Settlements,  by  coming  to  inhabit  and 
tend  L,orn  among  them  ;  and  alfo,  that  their  Bounds  allowed  by  Order  of  Coun- 
cil, dated  October  the  Twenty  Sixth,  One  Thoufand  Seven  Hundred  and  Twen- 
ty Six,  did  not  extend  high  enough  up  from  the  Fork  of  Meberrm  Neck  :  For 
Remedy  whereof, 

II.  B  E  it  Enacted^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ah- 
folute  Lor  da  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of  the  reft 
of  the  Members  of  the  General  Affembly^  new  met  at  Edenton,  for  the  North  Eaft 
Fart  of  the  faid  Province,  and  by  the  Authority  of  the  fame,  1  hat  the  laid  Order  of 
Council  be  vacated,  and  that  the  Indian  Bounds  and  Limits  fhall  be  extended  a$ 
foilowtth,  viz.  Beginning  at  the  Moutli  of  Meherrin  River,  and  fo  up  the  River 

ii  . 


72 


LAWS    o/'    North-  C  a  r  o  l  i  n  a. 


A.  D.  1729.  |.Q  the  Mouth  of  Horfe-Pajiure  Creek,  formerly  called  Indian  Creek  -,  then  by  the 
faid  Creek  up  to  the  Fork  of  it  -,  then  by  xhc  North  Eajt  Branch  thereof  to  the  Head 
of  the  lame  •,  then  by  a  ftrait  Line  acrofs  to  Chotvan  River,  by  the  upper  Line  of 
Mulberry  Old  Field  Survey,  to  Samuel  Powers  Lands ,  then  along  the  various 
Courfes  of  the  River,  to  the  firft  Station. 

III.  A  NDhe  it  alfo  Enacted,  by  the  Authority  aforefaid.  That  all  Englijh  People  or 
any  other,  living  in  the  faid  Bounds,  fhall  move  off,  and  that  no  Perfon  but  the 
faid  Indians  fhall  inhabit  or  cultivate  any  Lands  within  the  Limits  aforefaid,  while 
the  faid  Indians  remain  a  Nation,  and  live  thereon:  And  if  any  Perfon  ihall  of- 
fend againft  this  Aft,  on  Complaint  made  to  Mr.  John  Boude,  who  is  hereby  ap- 
pointed Commiffioner  for  the  faid  Indians,  he  fhall  grant  his  Warrrant  to  theCon- 
ftable,  requiring  him,  with  Aid,  ( if  Need  be, )  to  remove  fuch  Perfon,  at  or  before  the 
Twenty  f  ifth  of  December  next  enfuing  -,  and  any  Perfon  refufing  to  remove, 
fhall  be  brought  before  the  faid  Commiffioner,  and  upon  his  Convidion  of  the 
fame,  Ihall  forfeit,  for  the  firft  Offence,  Five  Pounds  :  And  if  he  ftill  perfift, 
and  refufe  to  go  off  from  the  faid  Lands,  after  Warning  from  the  Commiffioner,  or 
by  his  Order,  for  the  Second  Offence  fliall  forfeit  the  Sum  of  Ten  Pounds,  and  for 
the  Third  Time  of  his  fo  offending,  fhall  forfeit  Twenty  Pounds,  and  Two 
Months  Imprifonment,  and  give  Security  for  his  or  their  good  Behaviour  :  To  be 
recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this  Go- 
verment  ;  wherein  no  Effoign,  Proteftion,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of. 

IV.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  faid  Com- 
miffioner is  hereby  impowerd  and  ordered  to  reinftate  and  fettle  the  faid  Indians,  in 
giving  them  peaceable  Poffeffion  of  the  faid  Lands,  and  to  turn  off  any  other  Per- 
fon or  Perfons  inhabitting  within  the  faid  Bounds,  unlefs  fuch  Perfon  have  fpecial 
Leave  from  the  Governor  and  Council,  for  continuing  thereon  -,  provided  that 
this  Ad  fhall  not  inveft  the  Fee-Simple  of  the  faid  Lands  in  the  Indians,  but  fuch 
as  have  Patents  for  the  fame,  or  any  Part  thereof,  their  Title  fhall  be  good  and 
valid  ;  neither  fhall  the  lliid  Indiatis  have  Liberty  or  Leave  to  rent,  fell,  or  any 
ways  difpofe  of  the  faid  Lands. 


CHAP.     III. 

An  A5fy  to  make  Hyde  PrecinB  Jcparate  from  Beaufort  PrecmB,  with 
Power  of  ^redling  a  Court^joife,  and  holding  Courts. 

I.  -^  "jr  T  H  E  R  E  A  S  the  Precind  of  Hyde  being  united  to  Beaufort  Precindt,  is 
YY     found  very  inconvenient  for  the  Inhabitants  of  Hyde  Precinct  to  tra- 
vel to  Bath  Town,  where  the  Courts  are  now  held  : 

^  II.  B  E  it  therefore  EnaEled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the 
true  and  alfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  reft  oj  the  Members  of  this  General  Biennial  Affembly,  now  met  at  Edenton,  for 
the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of 
the  fame.  That,  for  the  future,  Hyde  Precinft  fliall  be  feparate,  in  all  Refpedts, 
from  Beaufort  Precind,  with  Power  of  having  a  Court  and  Court-houfe  eredted 
in  the  faid  Precind,  and  other  Powers  and  Privileges  to  a  Precind  belonging  ;  and 
that  the  Juftices  to  be  appointed  for  the  faid  Precind,  fhall  be,  and  are  hereby  invef- 
ted  with  full  Power  to  purchafe  Ground  for  ereding  the  faid  Court-houfe,  in 
the  fame  Manner  as  by  Law  in  fuch  Cafes  is  already  provided :  And  to  the  End, 
that  the  fame  may  be  built  in  the  moft  convenient  Place  for  the  Inhabitants  of  the 

m 


I,/i^-f^^<9/'    North-Carolina.  73 

faid  Precinft,  the  Juftices  thereof  are  hereby  diredled  to  caufe  the  faid  Court-houfe     ^-  ^-  ^~^9- 

to  be  ereded  at  or  near  IViiUam  IVebjler's  i'lantatlon  ;  and  alfo,  to  caufe  a  Poll-  "^ v — ' 

Tax,  not  exceeding  Ten  Shillings  per  foil,  to  be  levied,  in  fuch  Manner  as  by 
Law  is  already  provided  in  fuch  Cafes,  for  defraying  the  Charges  of  buyino-  the 
faid  Land,  and  bujiding  a  Court-houfe. 


CHAP.     IV. 

jin  AB,  to  appoint  that  Part  c/ Albemarle  County,  lying  on  the  South  ^ide 
c/"  Albemarle  Scimd,  and  Morattuck  River,  as  high  as.  the  Rain-bow 
Banksy  to  be  a  Precin£l,  by  the  Name  of  Tyrrel  Precindl, 

I-  TT7HERE  ASthat  Part  of  ^/^m^r/^  County,  lying  on  \k\.t  South  Side  P'" 

Vy     of  Albemarle^  Sound,  and  Mcratuck  River,    as  'high  as  the  Rainbow 
Banks,  includes  Part  of  the  feveral  Precincls  hereatter  named,  -viz.  Chowan,  P^f- 
^uotank^  Bertie,  and  Currituck  ;  and  whereas  the  great  VVeacth  of  the  faid  Sound 
and  alfo  the  great  Diftance  from  the  feveral  Precind  Courts,  renders  it  almoft  im- 
prafticable  for  the  Inhabitants  of  thofe  Parts  to  attend  their  Courts  as  aforefaid  : 

II.  Wherefore,  Be  if  Enabled  by  his  Excellency  ihe  Palatine,  cirJ  the  reji  of  iht 
true  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Con- 
fent  of  the  reft  of  the  Members  of  this  pre  fen  t  General  Aff em  bly,  now  met  at  Edenton 
for  the  North  Eaft  Tart  of  the  faid  Province,  and  by  the  Authority  of  the  fame. 
That  that  Part  oi  Albemarle  County,  lying  on  the  South  Side  di  Albemarle  Sound' 
and  Moratuck  River,  being  Part  of  the  feveral  Precinds  before  mentioned,  bound* 
cd  to  the  V/eflward  by  Thomas  Hcfkinsh  upper  Line,  beginning  at  his  upper  Cor- 
ner Tree,  on  Rainbow  Banks,  on  Mcratuck  River,  and  by  a  Line  runnino-  South 
from  his  outer  Corner  l  ree,  to  the  Southward  by  the  Bounds  of  AlbemarlTcoun' 
ty,  to  the  Eaftward  by  the  Sound,  between  Roanoak  Ifland,  and  Croatan,  and  to 
the  Northward  by  Albemarle  Sound  and  Moratuck  River,  as  high  as  the  Rainbow 
Banks,  in  Moratuck  River,  fhall  be,  and  the  fame  is  herd^y  declared  to  be  ereft- 
cd  into  a  P'recindir,  by  the  Name  of  'fyrell  Precind,  in  Albemarle  County,  v/ith  all 
and  every  the  Rights,  Privileges,  and  ether  Benefits  and  Advantages  whatfoever, 
which  any  other  Prccincl  in  Albemarle  County  can  or  may  have,  ufe,  or  enjoy. 

III.  A  NT)  he  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  the  Eleaion 
for  Reprefentatives  for  the  faid  Precincl,  lliall  always  be  at  the  Court-houfe  for  the 
faid  Precind,  or  fuch  Places  as  Ihall  be  appointed  for  the  building  the  faid  Court- 
houfe  therein. 

IV.  AND  whereas  by  an  Adc,  intituled.  An  Act,  for  fettling  the  Precinct 
Courts  and  Court-hoifes,  it  is  tlierein  provided  in  what  Manner  the  Land  fliould 
\t  purchafed,    on  which  to  build  Court-houfes  in  the  feveral  Precinds: 

Y.  BE  It  E;:acted,  by  the  Authority  aforefaid.  That  the  Juftices  to  be  appoint- 
ed for  the  faid  Precinft  of  Tyrell,  fhall  cbferve  the  fame  Method  prefcribed  by 
the  faid  Ad,  and  Hiall  caufe  the  Court-houfe  for  tiie  fiid  Precinct  to  be  built 
on  the  Land  of  William  Downing,  or  that  of  Wtlliam  Fraley,  on  Kendrick'i  Creek, 
as  near  as  may  be  to  the  Bridge  now  called  Fraley' s  Bridge. 

.  ^-  AND  whereas  Part  of  the  above  now  Precind  was  formerly  made  a  dif- 
tind  Parilh,  by  the  Name  of  die  South  Parilh  of  Chowan  -, 

T  mi,  BE 


~,  jL-^^aSo/"    North-Carolina. 

^*  ,iBi     ■  ■!        I  !■     I     ■! "  '     ■■I'll— III- iiipiBi    ■  ^T-vwmmmammmmvr\ » 

A.  D.   1729. 

VII.  B  E  it  Enacted,  That  the  whole  Precind  now  appointed  by  the  Name  o£ 
^yrell  Precind,  be,  and  is  hereby  Erefted  into  one  Parifti,  by  the  Name  of  St^ 
Andrew*s  ;  and  that  the  fame  Veftry  be  continued  in  the  faid  Parifh  of  St.  Ati' 
drew^s,  which  now  is  appointed  to  the  faid  Soutb  Parifh  of  Chowan,  with  all  and 
every  the  Rights  and  Privileges,  and  other  Benefits  and  Advantages  whatfoevcr, 
which  any  other  Parilh  in  Albemarle  County  can  or  may  have,  ufe,  or  enjoy. 

VIII.  P  ROVIDEB  never  thekfs.  That  it  is  not  hereby  intended,  that  the  faid 
Precind  Ihall  fend  more  than  Two  BurgefTes  at  prefent,  to  fit  in  General  Afiem« 
bly,  without  it  fhall  appear  that  there  is  three  hundred  Tythables  in  the  faid 
Precind: ;  and  in  •  fuch  Cafe,  it  Ihall  and  may  fend  three  Burgeffes ;  and  fo  as  ic 
Ihall  increafe  in  Number  of  Tythables,  it  Ihall  fend  one  Burgefs  for  every  Hundred 
more,  fo  as  not  to  exceed  Five  Reprefentatives  in  the  whole. 


CHAP.    V. 

Mis^ch.'"*'*  ^«  additional  AB  to  an  AB,  for  appointing  Toll-Books,  and  for  preventing 
People  Jrom  driving  Horfes^  Cattle^  or  Hogs,  to  ether  Perjhns  Lands,  • 

ttetmMt,         I.  'CTTTHEREAS  in  and  by  the  faid  Ad,  the  Remedy  appointed  for  re* 

YY     covering  the  Penalty  of  Twenty  Pounds  for  the  inhabitants  of  any 

ether  Government's  Cattle,  Horfes,  or  Hogs,  ranging  on  Peoples  Land  in  this  Go» 

vernment,  is  by  Diftrefs  to  be  made  by  the  Toll-keeper  or  Ranger,  but  no 

Method  appointed  for  defpofing  fuch  Diftrefs  or  Proceedings  thereon : 

II.  B  E  it  therefore  Enacted,  hy  his  Excellency  the  Palatine,  and  the  rtjt  of  tl§ 
l!"*of  IXaLed  '^^^  ^^^  ahfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Con* 
s»««k,  fent  of  the  reft  of  the  Members  of  this  General  Affembly,  now  met  ct  Edenton,  for 

the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Au" 
ihority  of  the  fame.  That  when  fuch  Diftrefs  is  made,  or  which  may  hereafter  be 
made,  by  the  Owner  of  the  Land,  as  well  as  the  Officers  aforefaid,  the  Stock  io 
deftrained  Ihall  be  kept  Four  Days,  unlefs  fooner  redeemed  or  replevied  by  the 
Owner,  who,  on  paying  the  Penalty,  and  the  realonable  Charges,  jfhall  have  them 
at  any  Time  within  Four  Days  after  Seifure  ;  otherwife,  after  the  Expiration  of 
the  faid  Four  Days,  they  Ihall  be  appraifed  by  Three  indifferent  Freeholders,  to  be 
appointed  and  fworn  by  fome  Majeftrate,  and  the  Property  ftiall  be  immediately 
vefted  in  the  Pcrfon  or  Perfons  feifmg  the  fame,  he  or  they  returning  the  faid 
Appraifment  to  the  Clerk  of  the  Precind  Court,  with  an  exad  Account  of  the  Marks 
©r  Brands  of  fuch  Horfes,  Cattle,  or  Hogs,  which  Ihall  be  let  up  at  the  Court-houfe 
the  next  Court ;  and  any  Perfon  proving  the  Right  to  fuch  Cattle,  Horfes,  of 
Hogs,  at  any  of  the  Four  next  Courts  in  the  faid  Precinds,  after  fuch  Return  ot  thaC 
Apfraifment,  having  given  the  Deftrainer  Notice,  Ihall  have  an  Order  or  Judg^ 
ment  of  the  faid  Court  for  the  Overplus,  according  to  the  Appraifment,  the  Fe* 
nalty  and  Charges  deduded. 

^«uy  hnw  to       III.  AND  he  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  the  Penalty  of 

o"^!\^r^'&c  'Ten  Pounds  in  the  faid  Ad  for  appointing  Toll-Books,  may  be  recovered  by  Dif- 

.ot'L'be'exd.-  trefs  inhke  Manner,  provided  that  no  Guardian  or  Executor  Ihall  be  excluded  by 

^"^'  die  faid  Acl  from  bringing  any  Stock,  under  their  Care,  on  their  Land. 

ro,=;5n«.  Stcck  ly.  AND  he  it  further  Enacthd,  hy  the  Authority  aforefaid.  That  the  Stock  of 
found  on  La,.di  any  Inhabitant  of  another  Government  being  found  on  Peoples  Land  in  this  Go- 
«;^;''trkr''  vemmeut,  contrary  eg  the  faid  Act,  ihall  be  deemed  co  be  driven  tliidier  by  th« 


m  «mni»mw 


LAWS    o/'NoRTH -Carolina.  7^ 

Owners,  unlefs  it  can  be  proved  they  ftrayed  by  fome  unavoidable  Accident,  and  ^^  1^^^ 
were  purfued,  and  have  not  ranged  above  Four  Days,  provided  fuch  Diftrefs  be  dTClPfh!^, 
made  Four  Miles  to  the  Southward  of  the  Line  betwixt  this  Government,  and  »'^'='*  «i»"wi(ii 

-,.      .    .  froved. 

Virginia. 

V.  ANB  he  it  further  Enacted,  by  the  Authority  aforefaid,  that  no  Perfon  no  Pcrfon  ft«ii 
within  this  Government,  Ihall  prefume  to  hunt,  drive,  or  kill  any  Stock,  Deer,  or  f}^.''  ^""''  °* 
Game,  on  any  Perfons  Land  within  this  Governmenment,  except  Neighbours  i^er'^r  G°mc* 
whofe  Lands  are  very  near  adjacent,  without  Leave  firft  had  and  obtained  from  "^Xomu^^' 
the  Owner  of  the  faid  Land  whereon  he  or  they  Ihall  be  found  ranging  or  hunting,  on  Penalty  of  5 1! 
contrary  to  this  Ad,  under  the  Penalty  of  Five  Pounds  for  each  and  every  1  ime  ow„crf,na  Ihc 
he  or  they  (hall  be  found  ranging  ;  the  one  half  to  the  Owner  of  the  Land,  the  °*'"''  "  '^^e  it^ 
Other  Half  to  the  Informer :  To  be  recovered  by  a  Warrant  from  two  Jufti-  ^''^^^^' 

ces,  whereof  one  to  be  of  the  Riorum  j  which  faid  Juftices  are  hereby  impowered 
finally  to  hear  and  determine  the  fame. 

VI.  AND  he  it  further  Enacted^  ly  the  Authority  aforefaid.  That  no  Ranger  no  Rangw  ft»fi 
or  other  Perfon,  on  any  Pretence,  fliall  range  or  hunt,  kill  or  take  up,  any  un-  *>'''  "p  »"y  un- 
marked Cattle,  Horfes,  or  Hogs,  on  other  Perfons  Lands,  without  Leave  of  the  w/.'^'tithou?'' 
Owner  of  fuch  Land  or  Lands;  any  Law,  Lfage,  or  Cuflom,  to  the  contrary,  q'"  ^"^'"^  =''* 
notwithilanding  :  But  that  every  Perfon  fliali  have  free  Liberty  to  take  up  and  l,3"  iu[  fuch 
kill  all  fuch  unmarked  Cattle,  Hogs,  and  Horfes,  as  he  Ihall  find  running  on  his  ^ZTSx.ot' 
own  Land,  and  the  fame  to  convert  to  his  own  Ufe,  unlefs  the  Property  thereof  own  v^,  'unitf' 
be  proved  within  Three  Months,  by  any  Perfon  claiming  the  fame  ;  who,  payfng  p^ovJI'T'ir^^ 
for  the  taking  up,  Ihall  have  the  faid  Beaft,  or  its  Value,  as  it  is  in  the  Law  di-  MonUis.' 
reded  for  Rangers. 

VII.  AND  whereas  great  Damages  are  frequently  done,  by  Slaves  being  per-  No  shve  to  hunt 
mitted  to  hunt  or  range  with  Dogs  or  Guns  :  For  Prevention  whereof.  Be  it  En-  °^,^u^fx  «! 
acted,  by  the  Authority  aforefaid.  That  it  Ihall  not  be  lawful  for  any  Slave,  on  any  '^m  in  Company 
Pretence  whatfoever,  to  go,  range,  or  hunt  on  any  Perfon's  Land  other  than  his  M'lnj'nSnvei 
Mafbers,  with  Dog  or  Gun,  or  any  Weapon,  unlefs  there  be  a  white  Man  in  ff«m!iisMafter'e 
his  Company;  under  the  Penalty  of  Twenty  Shillings,  to  be  paid  by  his  Mafter,  l^J^trii^ 
for  every  Offence,  unto  the  Owner  of  the  Land  whereon  fuch  Slave  fhall  rano-e  ^f^ »  °".  '''» 
or  hunt ;  and  that  no  Slave  Ihall  travel  from  his  Mailer's  Land  by  himfclf  ?o  whipped.''*'"* 
any  other  Place,  unlefs  he  fliall  keep  the  moft  ufual  and  accuilomed  Road  :  And  ' 

if  any  Slave  fhall  ofi^end  contrary  hereto,  it  fhall  be  lawful  for  the  Owner  of  the 
Land  whereon  any  Slave  fhall  be  found,  to  give  him  a  fevere  Whipping,  not  ex- 
ceeding Forty  Lafhes:  And  if  any  loofe,  diforderly,  or  lufpefted  Perfon,  be  if  ="7 '^ifo'-'^erT? 
found  drinking,  eating,  or  keeping  Company  with  Slaves  in  the  Night  Time,  KmpanytS 
fuch  Perfon  fhall  be  apprehended  and  carried  before  a  Juftice  of  the  Peace  ;  and  ^J,^"'.'  '"'*  ''^■ 
if  he  cannot  give  a  good  and  fatisfaftory  Account  of  his -Behaviour,  fuch  Perfon  Acquit  of  Wm- 
ihail  be  whipped,  at  the  Difcrttion  of  the  Juftice,  not  exceeding  Forty  Lafhes.    ihlpp'.d.'^'"  ''* 

VIII.  AND  for  the  better  fuppreffmg  of  Negroes  travelling  and  afTociating  Negroeitrarding 
themfelves  together  in  great  Numbers,  to  the  Terror  and  Damage  of  the  white  JL^Jl  iTicit.''* 
People  ;  Be  it  Ena5fed,  by  the  Authority  aforefaid.  That  if  any  Negro  or  Negroes  "^i^^"*.  "  i* 
Ihall  prefume  to  travel  in  the  Night,  or  be  found  in  the  Quarters  or  Kitchens  a-  '''"f*"^' 
mong  other  Perfons  Negroes,    fuch  Negroes  fo  found  fhall  receive  Corredion, 

not  exceeding  Forty  Lafhes,  as  aforefaid  ;  and  fuch  Negroes  in  whofe  Company 
they  fhall  be  found,  fhall  receive  Corredion,  not  exceeding  Twenty  Lafhes. 

IX.  P RO VID E D  always^  That  nothing  in  this  Ad  fhall  be  conflrued  to  ProTiiii, 
prevent  any  Perfon  from  fending  his  Slaves  on.  his  lawful  Bufmefs,  with  a  Pafs, 

in  Writing ;  nor,  to  hinder  Neighbours  Negroes  intermarrying  together,  fo  thai 
ycgnfc  being  firft  bad  aod  obtained  of  their  feverai  Maftere, 


>j(^  L  A   P^  S     of    No  rth-Carolina. 

^.   D.   i7i9. 

'^■^-v—^  CHAP,     VI. 

See  Aft  pafTed  ^^  ^^^  j^^  fjjg  ^^^^  ejfeBiial  and  fpeedy  putting  in  Execution  the  A^ 
*^*''     '^"    "  for  fettling  the  Title  and  Bciuids  oj  Peoples  Lands, 

Preamble.  j^  '1X7'  ''^  E  R  E  A  S  the  {AA  Adi  for  the  Proctflioning  Peoples  Lands,  altho* 

V V  very  neceflary  for  the  afctrtaining  Ptopks  iiounds,  and  preventing  Dif^ 
putes  hereafter,  hath  not  been  duly  and  eff-ciuully  put  in  Execution :  "Wherefore^, 
that  the  faid  Law  may,  for  the  futur.-,  be  better  obfcrved  i 

Vcftries  to  divide      H.  B  E  li  Enocted^  by  his  Excellency  the  Palatirte,  and  the  refi  of  the  true  and  ah-* 
*'^^ca^"'''"''and  foltitt  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Ccnfent  of  the  reP 
appint  a  Vice-  of  the  Members  cf  the  General  Afftmlly^  now  met  at  Edenton,  for  the  North  Eaft 
holders  to  pro-   „     .    r  ^y    faid'  Pro'vince^  and  it  as  hereby  EnaEled^  by  the  Authority)  of  the  fame, 
TO  Penalty  of  5 1.  That  the  fevtral  and  rtfpcctive  Veitries,  when  funimoned  to  meet  tor  that  rur- 
pofe  by  the  Churchwardens,  fhall,  without  any  Order  of  Court,  divide  the  Parifh 
into  convenient  Cantons,  and  appoint  Two  able  honcft  Fn^eholders  in  each  Can- 
ton, to  proceflion  the  Lands  within  the  fame ;  and  that  the  Churchwardens  in 
each  Parifh,  fhall,  immec.iately  after  the  Eirft  Day  cf  March  next,  fummon  the 
Veftry  to  meet  for  that  Purpofe,  under  the  Penalty  of  Five  Pounds  for  each 
Churchwarden  negleding  the  lame  ;  afid  the  Clerk  of  the  Parifh  fliall,  after  fuch 
Clerk  t»  pve     /^^npointment  by  the  Vtilry,    immediately  give  Notice  to  the  faid  Freeholders 
■rrcthuideH.  ^     appointed  in  each  Canton,  and  of  their  r-  fpedtive  Divifions,  under  the  Penalty 
of  Five  Pounds  for  every  Canton  fo  negledteU  ;  for  which  Notice  the  faid  Veflry 
Ihall  allow  the  faid  Clerk  Twenty  Shilhngs  out  of  the  Parifh  Monies  •,  and  tho 
Freeholders  fo  appointed,  on  Notice   given  them,    fhall  forthwith  (being    firft 
r^^ehoiders  to     f^orn  to  a£t  juftly  and  impartially,  to  the  belt  of  their  Knowledge,)  procefTion 
ouh, 'on'peTi-  Peoples  Land,  as  in  and  by  the  faid  Ad  is  already  provided,  under  the  Penalty 
penlitU"  to  b-    of  Five  Pounds  each  •,  and  the  feveral  Penalties  by  the  faid  Act,  and  hereby  pro- 
leceived  by  tiie  yidcd,  fhall  be  rccovcred  and  received  by  the  Ci.urchwardens  only,  and  to  the 
t^trufe'of  the  Ufe  of  the  Parifh :  And  any  Churchwarden  failing  in  their  Duty  by  the  faid  Aft 
Parift.  provided,  or  hereby  required,  fnail  be  anfwerable  for  thtir  Penalties  in  their  Ac' 

compts  with  the  Veftry  ;  and  if  they  do  not  receive  or  profecute  the  Penalties  for- 
feited by  any  others  for  not  performing  their  Duties  in  the  faid  A61,  or  hereby 
provided,  fuch  Churchwardens  fhall  be  anfwerable  for  the  fame  themfelves,  in 
their  Accompts  mxh  the  Veftry. 

III.  y^ND  be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  where  the 
^Zt'^^oX  Bounds  cannot  be  fully  afcertained  by  fuch  Freeholders  appointed,  they  fhall 
Surveyor  to  run  makc  Retum  thereof  accordingly,  that  in  fuch  Cafes  the  Surveyor  may  be  or- 
*""'^''"         dered  to  run  the  Bounds,  at  the  Charge  of  both  Parties,  in  the  fime  Manner  a» 

is  before  in  the  faid  Ad  provided  to  be  done,  where  one  Purty  utterly  refufes  t# 

have  his  Lands  proceflloned. 


CHAP.  vn. 

See  Aft  paffed  Aft  AB.  to  ccjfrm  Bath-Towii  Common, 

1745,  Cbap.   9. 

PrcamWc.  I.  TT7HEREAS  a  Trad  of  Land,  adjacent  to  Bath-Tcwn,  was  granted 

VV  and  lurveyed  for  a  Common  for  the  Ufe  of  the  faid  Town,  and  is  bound- 
ed as  followeth,  viz.  Beginning  at  a  marked  Pine  at  the  Eaji  Branch  of  the  Old 
Town  Creeks  running  up  Captain  Barrow\  Line  to  a  Bound  Oak,  Weji  Eight 

Degrees 


Zz/^/'^/S'^/'North-Carolina.  77 


A.  Z),    1710 


Degrees  North,  Two  Hundred  Pole ;  thence  to  a  marked  Pine  at  David  Perkinses 
Corner,  North  Eight  Degrees  Eafr,  One  Hundred  and  Three  Pole  •,  thence  to  a 
Hickory  at  the  Branch,  AWth  Ten  Degrees  Eajf,  One  Hundred  and  Seventy 
Two  Pole  i  thence  down  the  Windings  of  the  Branch  and  Creek  to  the  firft  Sta- 
tion ;  which  faid  Land  contains  One  Hundred  and  Forty  Five  Acres,  but  the 
Title  thereof  hath  never  been  fully  confirmed  : 

II.  B  E  ii  therefore  EnaSiedy  by  his  Excellency  the  Palatine,  and  the  refi  of  the 
true  and  ahfohte  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  co^^-^^^n 
of  the  reft  of  the  Members  of  this  General  Biennial  Ajfembly,  tiow  met  at  Edenton,  for  '''■'"'^• 
the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of 
the  fame.  That  the  faid  Land  fhall  be,  and  is  hereby  appointed  a  Common,  to 
lie  perpetually  for  the  Ufe  and  Benefit  of  the  Inhabitants  of  Bath-Town,  under 
fuch  Reftridtions  and  Regulations  as  is  or  Ihall  be  appointed  for  Town  Commons  ; 
and  that  the  Infpedion  and  immediate  Care  of  looking  after  the  faid  Common, 
be  in  the  Commiflioners  of  the  faid  Town  for  the  Time  being. 


CHAP.     VIII. 

jin  AB,  t9  Repeal  the  ASl,   intituled.  An  Ad,    for  Encouragement  of 
Tanning  Leather  in  this  Province.    O  B  S. 


CHAP.    IX. 

Jn  additional  A5i  to  the  A5i,  For  the  Tryal  of  fmall  and  mean  Caufes.  Rep.  by  Aft. 

April    4,    1741, 


Chap.  15. 


CHAP.    X. 


An  A5i,  for  regulating  Vejlries  in  this  Government,  and  for  the  better  in-  j^ep.  by  as, 
fpe£itng  the  Vejlrymen  and  Churchwardens  Accompts  of  each  and  everv  ^-^"^  *'  '74'' 
Parijh  in  this  Government.  ^  ^^  tL^'  p?r; 


which  ereft* 
I^ew-Hano'ver 
into  a  PrecinA, 


S  I  G  N  E  D  by 

Sir  Richard  Everard,  Governor^ 
Chr.  Gale,  J.  Lovick, 

Edmond  Gale,  Ed.  Mofeley, 

Rich.  Sanderfon,         Robert  Wefl, 
r.  Pollock,  John  Paulin, 

y.  Worley, 

Lords  Proprietors  Deputies, 
Thomas  Swann,  Speaker, 


"  Anno 


LAWS      of     N  O  R  T  H -C  AR  O  L.  I  N  A. 


79 


.■i     O.    i;3+. 


^qp<:^^^pqpqpqp^^pqp"^^PQP'^P'^P■^P'^P^'P'-iP"^^^ 


Anno  Regni 


GEORGII   11, 

Regis,    Magn^  Britanniie,  Francis,  & 
Hihernia,  Odavo. 


At  a  General  ASSEMBLY,  held  at  Edenton,  in  Chowan  J.WWW, 
Predn6i:,  in  the  Year  of  our  Lord  One  Thoufand  Seven  ^^'^'  °'''"""' 
Hundred  and  Thirty  Four. 


C  H  A  P.     I. 

An  ASl^  for  Stamping  and  Exchanging  the  prefent  Bills  of  Currency  of 
this  Province^  and  for  the  better  explaining  A7i  A5i  of  the  General  Af- 
fembly,  pafed  the  Twenty  Seventh  Day  of  November,  One  Thoufand  Se- 
ven Hundred  and  Twenty  Nine^  intituled^  An  Ad:,  for  making  and 
emitting  the  Sum  Forty  Thoufand  Pounds,  Public  Bills  of  Credit  of 
'North-Carolina.     O  B  S, 


C  HAP.    II. 

■  An  ASf,  for  Repealing  a  Claufe  in  an  ASi^  intituled^  An  Ad,  Telating  to  ^^p;.^  ^J'  ,^^^; 
Biennial  and  other  AfTemblies,  which  impowers  Freemen  of  the  fe-  chap.  i. 
veral  Precinds  to  vote  for  Members  of  Affembly,  and  declaring  what 
Perfons  fhall  be  qualified  to  vote  for  Members  to  fit  in  General  Affem- 
bly, and  alfo  Qualification  of  Members  for  the  future. 


C  H  A  P. 


8o  LA  PFS    of    ISioR  T,H  -  C  A  r  o  l  i  n  a. 


ji   D.    1754- 


CHAP.     III. 


Rtp.  by  Aft,  An  ABy  for  reviving  an  A5i^  intituled.  An  additional  Adl  to  the  A(^, 
ch«p.  tj.  '^*'*  foi*  Tryal  of  fmall  and  mean  Caufes. 


CHAP.    IV. 


An  AB,  for  laying  a  Duty  on  Liquors,  for  and  towards  defraying  the 
contingent  Charges  of  the  Government ;  and  to  make  a  Foil-Tax  on  the 
poorer  Inhabitants  more  eafy.     E  X  P; 


C  H  A  P.     V. 

An  A5l,    to  afcertain  the  Allowance  of  His  Majejly's  Council,    and  the 
Members  of  AJJembly  of  this  Province,     EXP. 


CHAP.    VI. 

s«  Aft  faffed  An  additional  A5i  to  the  A5f,  concerning  Roads  and  Ferries, 

1J1S,  Chap.  3«.  '  o 

Pre»mWe.  I.  T  T  7  H  E  R  E  A  S  by  the  aforefaid  Aft,  the  feveral  Precinft  Courts  in  this  Pro- 

y  Y  vince,  are  invefted  with  Power  and  Authority  to  fettle  Ferries,  to  lay- 
out Roads,  to  appoint  Surveyors  thereof,  and  to  dired:  where  Bridges  are  to  be 
made,  in  their  feveral  Precinfts;  and  likewife  to  order  Fines  and  Penalties  to  be 
levied  on  fuch  Perfons  as  fhall  refufe  or  negled  to  work  thereon  •,  which  Fines  and 
Penalties  to  be  levied  on  fuch  Perons  fo  rcfufing  or  negleding,  being  very  fmall, 
and  the  Method  of  levying  or  recovering  of  them  fo  tedious,  that  the  Intention  of 
the  aforefaid  Adl  is  greatly  defeated :  For  Prevention  whereof  for  the  future,  and 
the  better  to  enable  the  faid  Court,  the  feveral  Members  thereof,  and  the  Perfons 
that  are  by  them  appointed,  to  execute  and  perform  their  feveral  Offices  and  Du- 
ties ; 

Court  »f  e«ch      II.  WE  Pray  that  it  may  be  Enafted,  And  be  it  EnaSted,   by  his  Excellency  Ga- 
pdTFetj-kee™:  ^riel  Johnfton,  Efqs  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejifs 
«s  to  live  secu-  CouHcH,  and  General  AJfembly  of  this  Province,  That  from  and  after  the  Ratification 
IhJ.'r  'p^rnes      ^f  this  Ad,  the  Court  of  each  and  every  Precinft.within  this  Province,  fhall  have 
well  attended,     full  Powcr  and  Authority,  and  they  are  hereby  authorized  and  impowered,  to  com- 
pell  all  Perfons  that  now  do,  or  hereafter  Ihall  be  allowed  and  appointed  to  keep 
any  Public  Ferries  in  any  of  their  feveral  and  refpeftive  Precinds,  to  give  good  and 
fufficient  Security,  in  the  Sum  of  One  Hundred  Pounds,  Current  Money,  pay- 
able to  his  Majefty,  his  Heirs  and  Succeflbrs,  with  Condition,  That  he  or  they 
fhall  and  will  conftantly  find,  provide,  and  keep  good  fufficient  Boats,  or  other 
proper  Crafts,  in  good  Repair,  always  to  be  well  attended,  for  Tranfportation  of 
Travellers,  their  Horfes,  Cattle,  Carts,  or  Carriages:  And  if  any  Perfon  fhall 
irnfponHolL.  prefume,  for  Hire  or  Reward,  to  tranfport,  carry,  or  convey  any  Travellers  or 
Sfc     for  F«e.'  Penons,  their  Horfes,  Cattle,  Carts,   or  Carriages,    over  any  River  or  Creek, 
Tf  a' FJr^yr'o"  ^'^^^^"  ^^"^  ^^^^^  o^'  ^"7  ^^^^7  heretofore  appointed,  or  that  may  and  fhall  hereaf- 
ter be  appointed  and  eftablifhed,  as  aforefaid,  on  the  fame  Rever  or  Creek  where 

fuch 


LAWS    c/^    North-Carolina. 


A.  D.    1734- 


fuch  Ferry  is  appointed,  the  faid  Perfon  or  Perlbns  fo  offending  Ihall  forfeit  and 
pay  the  Sum  of  Five  Pounds  tor  every  fuch  Offence  ;  to  be  recovered,  by  a  War- 
rant from  Two  Juflices  of  the  Peace,  in  the  Precinct  where  the  fmie  Ihall  be  ^'"'''^  "*  ^  ^" 
committed-,  one  Half  to  the  Party  injured,  and  the  other  Half  to  him  or  them 
that  fhall  fue  for  the  fame :  Any  Thing  in  the  aforefaid  Ad;  to  the  contrary,  in 
any-wife,  notwithftanding. 

IIT.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid^  That  any  Surveyor  surveyor  rcfufin- 

of  the  Roads  for  the  future,  that  fhall  refufe  to  ad  when  fo  appointed,  or  fhall  l°„to'd"b''ld 

negled  or  refufe  to  do  his  Duty,  after  Notice  given,  as  in  anci  by  the  aforefaid  wcather,  to  for. 

Ad  is  direded,  unlefs  hindered  by  extreme  bad  Weather,  fuch  Surveyor  fhall  S  for'airDimI 

forfeit  and  pay,  for  every  fuch  Offence,  the  Sum  of  Ten  Pounds ;  to  be  reco-  ages. 
vered  by  a  Warrant  from  Two  Juftices  of  the  faid  Precind  where  fuch  Offence 
ihall  be  committed,  over  and  above  the  Damages  which  fhdl  be  fuftained  by  any 
Perfon  or  Perfons  that  fhall  or  may  be  injured  by  fuch  Negled :  Which  Dam- 
ages fhall  and  may  be  recovered,  by  Adion,  Bill,  Plaint,  or  Information,  in  any 

Court  of  Record  in  this  Province :  And  the  faid  Surveyors  having  duly  fum-  Pern.ns  refufing 
mbned,  or  caufedto  be  fummoned,  all  the  Male  Tithables  in  his  or  their  feveral  «« z™"-'^ '^^ i^°^^» 

.  r-         r-i\rL-j-n-j/  ■  r      \     -r^      r-  alter  lummoned, 

Diftrids,  as  in  the  aforefaid  Act  is  direded,  (excepting  fuch  Perfons  as  are  therein  to  foifdt  los. 
and  thereby  exempted  from  working  on  the  Roads,)  upon  their  Negled  or  Re-  Sigua?  °'^'* 
fufal  to  do  and  perform  fuch  their  Service,  and  on  being  fummoned  before  the 
next  MagifLrate,^  (unlefs  he  can  then  fhew  a  reafonable  Caufe  for  fuch  his  Neg- 
led or  Refufal,  to  be  allowed  of  by  the  faid  Magiftrate,)  he  or  they  fo  offending 
fhall  forfeit  and  pay  the  Sum  of  Ten  Shillings,  for  every  Day's  Negled  or  Re- 
fufal, with  Cofts  •,  to  be  recovered  and  levied  by  an  Order  from  the  faid  Ma- 
giftrate, inftead  of  the  Fine  of  Five  Shillings  therein  mentioned  :  Which  faid 
Fine  of  Ten  Shillings  fhall  be  applied  as  in  and  by  the  aforefaid  A6t  is  direded. 

IV.  AN  D  be  it  further  EnoMed^'  by  the  Authority  aforefaid^  That  upon  pro-  Predna  courts 
per  Application  made  to  any  of  the  Precind  Courts  in  this  Province,  for  clear-  ^°  ^^pp"'"":  S"r. 
ing  of  navigable  Creeks  in  any  of  their  feveral  Precincts,  it  fhall  and  maybe  RiverUcre'eks! 
lawful  for  the  faid  Courts,  and  they  are  hereby  authorifed  and  impowered,  to  ap- 
point fuch  Surveyors  of  the  Roads  as  live  mofl  convenient  and  contiguous  to  fuch 

Creeks,  with  their  Companies,  to  do  and  perform  the  fame,  at  fome  convenient 
Seafon  that   fhall  happen,    within  One  Year  after  fuch  Application  ;    and  upon  \f°^^  ^l^^^^ 
Neglect  or  Refufal  of  fuch  Surveyor  or  Company,  or  any  of  them,  to  do  and  C  Negi^ar" 
perform  fuch  Work  and  Service,  after  due  Notice,  upon  due  Proof  thereof,  he  ^°l  th^R^ads'"^ 
or  they  fo  refufing  or  negleding,  Ihall  be  liable  to  the  fame  Fines  and  Forfeitures 
as  for  Negled  or  Refufal  of  their  Service  on  the  Roads  ;  to  be  recovered  and  ap- 
plied as  is  herein  before  expreffed :  Any  Law,  Ufage,  or  Cuftom,  to  the  con- 
trary, in  any-wife,  notwithflanding. 

V.  ANT)  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  and  Roads  to  be 
after  the  Ratificatbn  of  this  Act,  every  Surveyor  of  any  Road  within  the  County  '^Z^  Z  \T 
of  Albemarle,  fhall  forthwith  caufe  the  Road  whereof  he  is  Suryeyor,  or  for  any  Feet  Caufwayt. 
Road  hereafter  to  be  laid  out,  to   be  cleared,  Twenty  Feet  clear  of  all  Trees  j 

and  every  Caufway  or  Bridge  within  his  Diftrict,  to  be  Ten  Feet  wide. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  nothing  Aa'^cfcc^nlj 
contained  in  this  Act  fhall  affect  or  make  void  any  Thing  in  an  Act,  paffed  this  R^^xi^  i"  ^atb 
prefent  Seffion,  Concerning  Roads,  ^c.  for  the  County  of  Bath.  i^°""'y- 


CHAP. 


82  L  A  TV  S    of    North-Carolina. 


-<4.  D.   1734. 


Piivate. 


CHAP.     VII. 


Ah  Ac^y  for  laying  cut,  making,  altering^  and  keeping  in  Repair ^  the  fe- 
deral Roads  and  Highways  within  the  fever al  PrecinSts  of  the  County 
of  Bath,  and  for  building  Bridges^  and  cleanfing  and  keeping  clean  the 
fever  al  Rivers  and  Creeks  within  the  fame.     REP. 


CHAP.     VIII. 

An  AB^  to  Confirm^  a?id  Efiablif)  the  PrecinBs  of  Onflow  and  Bladen, 
afid  for  appointing  them  diJlinB  Parijhes, 

H  E  R  E  A  S  by  an  Ad,  intituled,  Jn  A^^  for  regulating  Veftrics  in 
this  Government^  and  for  the  better  infpe^ing  Vefirymen  and  Church- 
wardens Accompts  of  each  and  every  Parijh  in  this  Government^  it  is  Enadled, 
That  the  Southern  Part  of  this  Province  mall  be  erefted  into  a  Precindl,  by  the 
Name  of  New-Hanover  Precindl,  and  bounded  to  the  Northward  by  the  liaul- 
over,  and  Little  Inlet^  and  to  the  Southward  by  the  Southernmoji  Bounds  of  the 
Province ;  and  a:s  the  Precind"  of  New-Hanover  is  now  become  very  populous, 
and  the  Extent  thereof  being  found  too  incommodious  to  many  of  the  Inhabi- 
tants thereof,  particularly  thofe  of  New-River,  and  the  upper  Part  of  the  North* 
wefi  River  : 

II.  W  E  therefore  pray  that  it  may  be  Enaded,  And  be  it  EnaSfed,  hy  his  Ex~ 
f^//^«Q' Gabriel  Johnfton,  Efq;,  Governor^  by  and  with  the  Advice  and  Confent  of 
His  Majefiy's  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  En'- 
a£ied,  by  the  Authority  of  the  fame.  That  a  Precjndt  be  ereded  at  New-River^ 
by  the  Name  of  Onflow  Precinfl  •,  and  that  the  faid  Precinct  be  bounded  to  the 
Northward  hy  Whiteoak  River,  from  the  Mouth  to  the  Head  thereof  5  and  to 
the  Southward,  by  a  Creek  that  comes  out  of  the  Sound,  and  comes  acrofs  New-^ 
River  Road,  called  the  Bay-Swamp,  or  Beafley^  Creek. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  upper 
Part  of  the  Northwefi  River  be  ereded  into  a  Precindt,  by  the  Name  of  Bladen 
Precinct ;  and  that  the  faid  Precinct  be  bounded  to  the  Southward  as  follows, 
'viz.  Beginning  at  the  Mouth  of  Livingfton\  Creek,  and  bounded  by  the  faid 
Creek  to  the  Head  thereof ;  and  then,  by  a  JVeJi  Line,  to  the  Bounds  of  the 
Government ;  and  that  the  faid  Precinct  be  bounded  to  the  Northward  by  Black- 
River,  as  follows,  viz.  Beginning  at  the  Mouth  of  the  faid  River,  and  bounded 
by  the  Main  River  up  to  the  Fork,  and  that  then  the  Wejiern^  Branch  be  the 
Bounds  to  the  Head  thereof. 

IV.  AND  be  it  further  Enacthd,  by  the  Authority  aforefaid.  That  the  faid  Pre- 
cinct of  Onflow  be  a  diftinct  Parilh,  by  the  Name  of  St.  Johi's  Parilh,  and  fhall 
have  all  the  Rights  and  Privileges  that  any  other  Parifh  in  this  Government  now 
holds  or  enjoys. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  of  the 
abovefaid  Precincts  are  hereby  inverted  with  the  fame  Powers  and  Privileges,  as 
any  other  of  the  Southern  Precincts  have  and  enjoy. 

VII.  AND 


LAWS      ofNoRTH-CAROLINA.  83 


A.  D,  "1734. 


VII.  A'N  B  be  it  further  EnaSled,  hy  the  Authority  aforefaid^  That  the  Juftices 
of  the  aforefaid  Precincts  fhall  have  full  Power  and  Authority  to  appoint  a  Place 
for  a  Church,  Court-houfe,  and  Prifon  \  and  to  Tax  all  taxable  Perfons  in  the 
faid  Precincts,  for  raifing  a  Sum  of  Money  fufficient  to  defray  the  Charges  of  the 
above  Public  Buildings,  purfuant  to  an  Aft,  intituled.  An  A^,  for  fettling  Pre- 
cin£l  Courts  and  Court-houfes. 

VIII.  AND  whereas  there  hath  been  feveral  Courts  held  in  the  Precinct  of 
Onflow,  by  a  Commifllon  from  the  late  Governor,  George  Burrington,  Efq;  there- 
fore. Be  it  Ena£ied^  by  the  Authority  aforefaid.  That  all  Proceedings  of  that 
Court,  (faving  the  Right  of  Appeal)  are  hereby  declared  good  and  valid. 

IX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Precinfb 
of  Bladen  is  hereby  erected  into  a  Parifh,  by  the  Name  of  St.  Martin* %  Parilh : 
But  whereas  the  faid  Parilh  is  in  Arrear  of  Parifli  Money  to  the  Veftry  and  Church- 
wardens of  St.  James's  Parilh,  to  which  they  formerly  belonged  •,  therefore,  //  is 
hereby  Enabled,  That  the  Arrear  aforefaid  fhall  be  paid  to  the  Veftry  or  Church- 
wardens of  St.  James's  Parilh  :  And  if  any  Perfon  fhall  neglect  or  refufe  to  pay 
the  fame,  it  fhall  and  may  be  lawful  for  the  Veftry  or  Churchwardens  to  take  fuch 
Ways  and  Means  to  recover  the  fame  as  the  Laws  of  this  Province  direct  them 
to-  have,  within  the  Parifli  of  which  they  are  the  Veftry  and  Churchwardens. 


CHAP.     IX. 

An  AB,  for  granting  to  His  Majejly,  the  Sum  of  Fourteen  Thoufand  One 
Hundred  and  Fifty  Pounds  'Three  Shillings  and  Two  Pence,  for  the 
Service  of  the  Public  of  this  Province,  and  for  laying  a  Tax  on  the  In- 
_  habitant 'i  of  the  fat7ie  for  the  Paynie7it  thereof-^  and  for  Stamping  the 
Sum  of  Ten  Tboufand  Pounds,  Bills  of  Credit^  for  the  more  immediate 
Difcharge  of  Part  thereof     O  B  S. 


S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

William  Smith,  Prelident, 

William  Downing,  Speaker, 


Anno 


LAWS    o/'North-Carolina. 


85 


A.  D.    i7jS, 


$^^;^^$$$^$s^$$$$$$$$$$$$$$$$$$$$^$$^$$$r^$$$$$'^;^$$$$$ 


Anno  Regni 


GE  O  R  GII   IL 

Regis,    Magnde  Britannia,  Francice,  6c 
Hiberni^,  Duodecimo. 


R  I  X  C 

STOW, 


At  a  General  ASSEMBLY,  held  at  Neixiherrjy  the  Sixth  ^„*  »^' 
Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand  ^f^s'^omnw: 
Seven  Hundred  and  Thirty  Eight. 


CHAP.    1. 


An  A£f,  for  providing  His  Majejly  a  Rent-Roll,  for  fecuring  His  Ma-  fcp«ie<i  ty  J>.-s 
jejifs  Re?its,  for  the  Remijfion  of  Arrears  of  ^it-Rents,  andjor  quiet-  IrSnci?."'"' 
ing  the  Inhabitants  in  their  PoJeJJions ;  and  for  the  better  Settlement  of 
His  Majejifs  Province  of  North-Carolina. 


CHAP.     II. 

An  Aa,  to  prevent  the  Concealment  af  Tithables  in  the  fever al  Counties  Rep.  by  as 
imthm  this  Province,  for  declaring  what  Perfons  jhall  be  deemed  Titha-  it'  ^'  '74s' 
ties,  and  Jor  defraying  the  Jianding  and  contingent  Charges  of  Govern-^     '^'  *' 
ment,  and  appointing  Public  Treafurers  for  this  Province  3  and  for  grants 
tng  to  His  Majefty  a  Poll-Tax  of  Five  Shillings  per  Head,  to  be  levied 
on  the  Tttbable  Inhabitants  of  this  Province. 


CHAP. 


86  I/vf/^  .So/    North-Carolina. 


A.  D.     173S. 


CHAP.    III. 

An  A5f^  Jor  appointing  Sherifs  in  the  Room  ofMarjJoah  of  this  Province^ 

for  prefcribing  the  Method  of  appoint i?ig  thejn^  and  for  limiting  the  Time 

of  their  Continuaiice  in  Office,  and  dire  Sling  their  Duty  therein  y  and  for 

ahoUfding  the  Office  of  Frovoff-Marflml  oj  this  Province  j  and  for  alter- 

i?ig  the  Nafues  of  the  PrecinSls  into  Counties. 

PreamWe.  i^  "^T  T  H  E  R  E  A  S  the  Office  of  Provoft-Marlhal  hath  been  found  to  be  very 

Y  Y  inconvenient  in  this  extended  Province,  the  Deputy  Marlhals  not  only 
neglecting,  but  frequently  rcfufing  to  do  their  Duty,  to  the  great  Delay  of  Juf- 
tice,  which  hath  occafioned  great  Murmurs  and  Difcontents  among  the  Inhabitants 
of  this  Province  :  For  Remedy  whereof,  and  to  the  End  that  Juftice  may  be  more 
effeftually  adminiftred,  and  that  Sherifs  may  be  appointed  in  each  and  every 
County  within  this  Government  •, 

County  Court         II.  WE  Pray  that  it  may  be  Enadted,  And  he  it  Ena5Iedy  hy  his  Excellency  Ga- 
"^""LommenT'  ^riel  Johufton,  Ef(i%  Governor y  hy  and  zvith  the  Advice  and  Confent  of  his  Majefifs 
Perfons  to  the    ConncH^  and  General  Affemhly  of  this  Province^  and  hy  the  Authority  of  the  fame^ 
shTrlff  °''  '°  ''^  That  the  Court  that  fhall  be  held  in  each  and  every  County  next  after  the  Rati- 
fication of  this  Aft,  and  fuccefiively  at  the  faid  Courts  every  Two  Years,  fhall 
be  recommended  to  the  Governor  or  Commander  in  Chief  of  this  Province  for 
Repealed  is  to    f^e  Time  being.  Three  fuch  Perfons  (being  Jciflices  in  the  fame  County  Court) 
^74l  thi's.    as  they  fhall  think  moft  fit  and  able,  to  execute  the  Office  of  Sheriff  for  their  re- 
fpedive  Counties,  for  the  Two  then  next  fucceeding  Years  •,  of  v/hich  Three  Per- 
fons fo  recommended,  the  faid  Governor  or  Commander  in  Chief  fhall  according- 
ly commifTionate  fuch  one  as  to  him  fhall  feem  meet  for  the  faid  Office  of  Sheriff 
within  fuch  County,  for  the  Two  next  enfuing  Years  after  fuch  Nomination  \ 
during  which  Time  the  faid  Sheriff  fhall  not  a6t  as  a  Juflice  of  the  Peace  in  that 
County. 

Thisciaufei^  III.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  no  Per fon 
p^aied,^  1745;^  fliall,  at  any  Time  hearafter,  be  capable  to  excecute  or  enjoy  the  Office  of  Sheriflf 
for  any  County  within  this  Province,  unlefs  fuch  Perfon,  at  the  Time  of  his  en- 
tering into  and  upon  the  faid  Office  of  Sheriff,  fhall  be  a  Juflice  of  the  Peace  in 
the  fame  County  ;  neither  fhall  it  be  lawful  for  any  Perfon  to  excecute  or  enjoy  the 
faid  Office  for  any  longer  than  Two  Years,  next  fucceeding  each  other. 


Sheriff  to  gtvj        \Y .  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  when   any 

Sk  '"^°''''  Perfon  fhall  have  obtained  aCommiffion  for  the  Office  of  Sheriff  of  any  County, 

'"'"^*  before  he  fhall  be  admitted  to  take  the  Oath  of  a  Sheriff,  or  ffiall  enter  upon  the 

Execution  of  his  faid  Office,  he  fliall,  at  the  Court  of  his  County,  enter  into  Bond, 

to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeffors,  with  Two  good  and 

fufficient  Securitis,  in   the  Sum  of  at  leaft  Five  Hundred  Pounds   Sterling,  for 

Bond  to  be  taken  his  truc  and  faithful  Performance  of  his  Office:  Which  Bond  the  faid  County 

recotde?""'  ^  Court  is  hereby  im.powered  and  required  to  take,  and  caufe  to  be  acknowledged 

before  them  in  open  Court,  and  recorded  in  the  Records  of  the  County ;  and 

Ihall  alfo,  befides  taking  the  Oaths  appointed  by  Law  for  Public  Officers,  take 

^  the  following  Oath : 

Sherifs  Oath.  T  A.  B.  do  fokimily  fwear,  "That  I  mil  truly  and  faithfully  execute  the  Office  of 
X  Sheriff' of  the  County  of  C  to  the  heft  of  my  Skill  and  Ability,  agreeable  to  Law  ; 
and  that  I  will  not  take  or  receive  any  Bribe  from  any  Perfon  for  returning  any  Ma» 
to  ferve  as  a  Juror  on  any  Jury,  or  for  making  falfe  Returns  of  Writs,  during  the 
Time  I  (hall  continue  in  the  faid  Office.  So  help  me  God. 

J  J        -^  V.  AND 


81.  tn   the  next 
Sheriff. 


L/f^»So/'    North -Carolina.  87 

A.  D.    1738. 

V.  AND  be  it  further  EnaElcd^  by  the  Authority  aforefaid^  That  every  Perfon  [,^^f^^,~c,n 
hereafter  commiflioned  to  be  a  Sheriff,  for  any  County  within  this  Province,  upon  a  toaa,  to  tortest 
Recommendation  of  the  County  Court,  in  Purfuance  of  this  Aft,  and  thereupon 
refufino-  to  accept  the  Office  of  Sheriff,  and  to  perform  the  Duty  thereof,    fliall 
forfeit  the  Sum  of  Eight  Pounds,  Proclamation  Money,  payable  to  the  next  fuc- 
ceedinc  Sheriff;  to  be  recovered  as  other  Fines  and  Forfeitures  in  this  A61  directed. 

-   VI.  A  N  D  be  it  further  Ena5fed.,  by  the  Authority  aforefald.  That  if  any  Coun-  Cunty  court 
ty  Court  fhall  hereafter  neglect  or  refufe  to  recommend  Three  Perfons  to  be  She-  commenT,  "goZ 
riffs,  according  to  the  Directions  of  this  Adl,  it  fhall  and  may  be  lawful,  in  fuch  v'!-"^'  "■•^y  =p- 
Cafes,  for  the  Governor  or  Commander  in  Chief  of  this  Province  for  the  Time  ^' 
being,  and  he  is  hereby  impowered,  to  appoint,  by  his  Commiffion,  any  one 
Perfon,  nominated  a  Jutlice  of  the  Peace  for  the  faid  County,  as  he  fhall  think 
proper,  tho'  fuch  Perfon  be  not  then  fworn  a  Juftice ;  and  if  fuch  Perfon  fhall 
hereafter  refufe  to  accept  the  Sheriff's  Office,  and  to  perform  the  Duty  thereof, 
purfuant  to  his  Commiffion,  he  ffiall  forfeit  the  Sum  of  Eight  Pounds  Proclama- 
tion Money  ;  to  be  paid  as  aforefaid. 

VII.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  if  any  Per-  ghenff  dyin?, 
fon,  being  one  of  the  Three  Perfons  recommended  by  the  Juftices  of  the  County,  Governor  to'sp. 
and  appointed  Sheriff  in  Purfuance  of  the  faid  A6t,  fhall  happen  to  die  in  the  th!,"^  """com- " 
Time  of  his  Sherifalty,  it  fhall  and  may  be  lawful,  in  fuch  Cafe,  for  the  Gover-  m-n^ied- 
nor  or  Comm.ander  in  Chief  of  this  Province  for  the  Time  being,  and  he  is  here- 
by impowered,  to  appoint  one  of  the  Survivors  recommended  as  aforefaid,  to  be 
Sheriff  in  his  Room  :  And  when  any  Sheriff  appointed  upon  a  Negle6l  or  Refufal 
of  the  County  Court  to  recommend  Three  Perfons,  according  to  the  Diredlions  of 
tliis  A(5t,  fhall  happen  to  die  in  the  Time  of  his  Sherifalty,  it  fhall  be  lawful  for 
the  Governor  or  Commander  in  Chief  for  the  Time  being,  and  he  is  hereby  im.- 
powered,  to  appoint,  by  his  Commiffion,  any  one  Perfon  nominated  a  Juflice 
in  the  Commiffion  of  the  Peace,  altho'  fuch  new-appointed  Perfon  be  not  fworn 
a  Juftice  :  And  whatfoever  Perfon  fo  appointed  Sheriff  upon  the  Death  of  another, 
fhall  refufe  to  accept  the  Office  of  Sheriff,  and  perform  the  Duty  thereof,  pur- 
fuant to  his  Commiffion,  he  ffiall  forfeit  the  Sum  of  Eight  Pounds  Proclamation 
Money  \  to  be  recovered  and  paid  as  aforefaid. 

VIII.  PROVIDED  always^  That  no  Member  of  his  Majefly's  Council,  a  Members    of 
Member  of  the  Houfe  of  Affembly,  or  elefted  as  fuch  tho'  ading  as  a  Juftice  of  ^^"^'jj'  °^'^^[; 
the  Peace,  fhall  be  obliged  to  execute  the  Office  of  Sheriff;  any  Thing  contained  be  sheriff. 

in  this  A(5t  to  the  contrary,  notwithftanding. 

IX.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  all  Fines  and  Fines  not  other- 
Forfeitures  mentioned  in  this  A6t,  not  otherwife  applied,  fhall  be  to  our  Sovereign  re  to  the  King!" 
Lord  the  King,  his  Heirs  and  Succeffors,  for  and  towards  the  Support  of  this  Go- 
vernment, and  the  contingent  Charges  thereof;  and  ffiall  and  may  be  recovered,  ,  , 
with  Cofts,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  in  this 
Province,  wherein  no  Effoign,  Protection,  or  Wager  of  Law,  ffiall  be   allowed 

or  admitted  of 

X.  P  RO  FID  E  D  always.  That  if  any  Perfon  hereafter  appointed  to  excecute  Perfons  making 
the  Office  of  Sheriff,  in  any  County  of  this  Province,  ffiall  be  willing  to  execute  the  °i  g^e?SeS 
fame,  but  cannot  get  fufficient  Security,  for  the  Performance  of  his  Duty  therein,  nty,  not  li^Wq 
as  by  the  faid  Aft  is  required,  ffiall  make  Oath,  in  the  Court  of  the  County  for  '°  '^'  ^'"'"^• 
which  he  ffiall  be  appointed  Sheriff,  that  he  hath  ufed  his  belt  Endeavours,   truly 

and  bona  fide,  without  Covin  or  CoUufion,  to   get  Security  for  the  Performance 
thereof,  (which  Oath  the  faid  County  Courts  are  hereby  impowered  and  required 

to 


88  LAWS    0/    North-Carolina. 

ji.  D.  1738.  to  adminifter,)  that  then  fuch  Ferfon  making  Oath  as  aforefaid,  fhall  not  incur, 
^^      v~'— '    ^j.  i^g  jj^5i^  J.Q  xht  Forfeiture  of  the  Sum  of  Eight  Pounds  Proclamation  Money, 

in  this  Ad:  mentioned  -,  any  Thing  in  this  Adl  to  the  contrary  thereof*  in  any- 

wife,  notwithftanding. 

shcr'fr  to  execute       ^^'  AND  he  It  further  Enact ed^  by  the  Authority  aforefaid^-  That  every  She- 
aii  Writ!,  &c._  riff,  by  himfelf,  or  his  lawful  Deputy  or  Deputies,  fhall  execute  all  fuch  Writs 
and  Precepts,  from  Time  to  Time,  as  fliali  be  to  him  directed,  according  to 
the  Demand  thereof  j  and  alfo,  fhall  make  due  Return  thereof  in  Manner  fol- 
lowing •,  that  is  to  fay.  All  Writs  and  Precepts  returnable  in  any  County  Court, 
^'mlde  ''^^"  '°  ^^'^  ^^  executed,  and  Returns  thereof  made,  at  lead  Five  Days  (excluding  iS«»- 
day)  before  the  Day  therein  mentioned  for  the  Return  \  and  all  Writs  and  Pre- 
cepts returnable  in  the  General  Court,  fhall  be  executed  according  to  the  feveral 
Ads  of  Aflcmbly  of  this  Province,  and  Return  thereof  fhall  be  made  the  Firft 
siicrifF  tofotfeit  Day  of  the  fitting  of  the  Court:    And  every  Sheriff  failing  to  make  fufhcient 
oViusDu^'^'"^^  Return  of  all  or  any  of  the  Precepts  to  him  direded,  as  aforefaid,  and  according 
to  the  feveral  Times  herein  before  limited,  fhall,  for  every  fuch  Offence,  forfeit 
and  pay  the  Sum  of  Five  Pounds  Proclamation  Money,  unlefs  the  Sheriff  fhew 
fufhcient  Caufe  for  fuch  Negled ;  one  Moiety  thereof  to  our  Sovereign  Lord  the 
King,  his  Heirs  and  Succeffors,  for  and  towards  the  Support  of  the  contingent 
Charges  of  this  Government,  and  the  other  Moiety  to  him  or  them  that  fhall 
fue  for  the  fame :  To  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Infor- 
mation,   in  any  Court  of  Record  within  this  Province,    in  which  no  Effoign, 
Kr.h  liable  to  an  Protcdion,    or  Wager  of  Lav/,  fhall    be   allowed ;  and  moreover,    fuch  Sheriff 
Afiion  ( f  ihe    fQ  failing  as   aforefaid,  fhall  be  liable  to  an  Adion  at  Common  Law,  at  the  Suit 
arty  gricse  ,     ^^ j.]^g  Party  injured,  for  any  Damage  which  fhall  be  fuftained  by  fuch  Failures 
Sheriff  making    And  if  any  Sheriff,  by  himfelf,  Olhccr,  or  Deputy,  having  executed  any  Writ 
forfti  ^'*T'and  or  Prcccpt  to  him  direded,  fhall,  by  himfelf.  Officer,   or  Deputy,  make  falfe 
liable  to  an  Ac-  Retum  thercof,  every  fuch  Sheriff  fo  offending,  fhall  forfeit  and  pay  the  Sum  of 
Ten  Pounds  Proclamation  Money,   to  be   recovered  and  applied  as  aforefaid ; 
and  alfo,  fhall  be  liable  to  an  Adion  at  Common  Law,  at  the  Suit  of  the  Party 
grieved,  for  any  Damage  which  fhall  be  fuftained  by  fuch  falfe  Return. 

,,  „, .   „  XII.  ?R0  VID E D  always.  That  it  fhall  not  be  lawful  for  any  Sheriff,  or 

No  Writ,  Gfc.  to   ,  .      ^^  T^  -^  ,,r  -7-.  1       T         n      T^ 

be  executed  on  his  Officcr  or  Dcputy,   to  execute  any  Writ  or  Precept  upon  the  Lord  s  Day, 

V'"c"iZ''^Q-  tc"j    fotniTionly  called   Sunday,  or  upon  any  Perfon  excepted,    or  upon  the  feveral 

Days  prohibited  by  the  Laws  of  this  Province  ;  and  the  Execution  of  any  Writ 

or  Precept  contrary  to  the  true  Meaning  hereof,  is  hereby  declared  to  be  null 

and  void  :  Any  Thing  herein  contained  to  the  contrary,  notwithftanding. 

Except  fcrTr...  XIII.  PROVIDED  mverthekfs.  That  it  fhall  and  maybe  lawful  for  the 
Br"ach'iTpeac7  Sheriff,  his  Officer  or  Deputy,  at  any  Time  and  Place  whatfoever,  to  arreft  and 
apprehend  any  Perlbn  for  Treafon  or  Felony,  or  Sijfpicion  of  Felony,  or  being 
acceffory  thereto,  or  for  any  Riot  or  Breach  of  the  Peace,  or  upon  any  Efcapc 
out  of  Prifon  j  any  Thing  herein  contained  to  the  contrary  thereof,  notwith- 
ftanding. 

Sheriff  to  takt  XIV.  A  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  no  She- 
fa""cuftod^y"'^"io  ^'^^^  or  any  of  his  Officers  or  Deputies,  fhall  take,  or  caufe  to  be  taken  or  made, 
tiiemfeives.'  any  Obligation,  for  any  Caufe  whatfoever,  by  Colour  of  their  Office,  but  only 
•  to  themfelves,  of  any  Perfon,  nor  by  any  Perfon,  which  fhall  be  in  their  Ward, 

by  the  Courfe  of  the  Law,  but  by  the  Name  of  their  Office,  and  upon  Condition 
written.  That  the  Prifoner  or  Prifoners  fhall  appear  at  the  Day  contained  in  the 
Writ,  Precept,  Bill,  or  Warrant,  and  in  fuch  Places  as  the  aforefaid  Writs,  Pre- 
cepts, Bills,  or  Warrants  fhall  require  •,  and  any  Sheriff  or  other  Officer  taking 
an  Obligation  in  any  other  Formj  by  Colour  of  their  Offices,  the  fame  ihall  be 
null  and  void.  XV.  PKO- 


tion. 


L  A  ff'S    of    'North-Carolina.  89 


A.  D.    i7jR. 


XV.  PRO  VID E D  always^  That  it  fhall  and  may  be  lawful,  to  and  for 
any  Sheriff  or  other  Officer,  to  take  fuch  other  Obligation  of  any  Perfon  or  Per- 
fons  in  their  Ward,  as  is  or  fhall  be  particularly  and  exprefly  direfted,  by  any 
other  A6t,  upon  any  fpecial  Cafe  therein  mentioned  ;  any  Thing  herein  contained 
to  the  contrary,  notwithftanding. 

XVI.  AND  be  it  further  Ena^ed,    by  the  Authority  aforefaid^  That  if  any  Pe,fon  not  to  be 
Writ  or  Precept,  in  any  Civil  Adion,  fhall  be  direded  to  any  Sheriff  or  other  '^^^  "^Vii 
Officer,  to  attach  the  Body  of  any  Perfon  which  is  not  to  be  found  within  the  ""'/• 
County  where  fuch  Sheriff  or  other  Officer  refides,  in  fuch  Cafe,  Return  of  the 

fame  Writ  or  Precept  within  the  Time  limited  Ihall  be  made,  according  to  the 

Truth  of  the  Cafe ;   and  if  the  Perfon  againft  whom  fuch  Writ  or  Precept  if- 

fued,  fhall  not  appear,  being  thereto  lawfully  called,  by  Proclamation,  in  open  J^p,^;,  ^7lT 

Court,  at  the  Return  thereof,  an  Attachment  fhall  be  awarded  ao-ainfl  his  Eftate,  ""=^<i ''"  Court. 

returnable  to  the  next  Court,  at  which  Time,  if  the  Defendant  fhall  fail  to  ap-  'rn%1m!e*'agamft 

pear,  the  Eftate  fo  attached,  or  fo  much  thereof  as  fhall  bq  fufficient  to  pay  what  hisEihte. 

Ihall  appear  to  be  due  to  the  Plaintiff,  with  Cofls  of  Suit,  fhall  be  fubjed  to  fuch 

Rules  and  Regulations  as  by  the  Laws  of  this  Province  are  made  and  provided  j 

but  if  at  the  Return  of  the  Attachment  as  aforefaid,  the  Defendant  fhall  appear, 

and  give  Special  Bail,  then  the  Attachment  fhall  ceafe  and  become  void,  and  the  [L'^L'tachment 

Tryal  fhall  proceed  as  in  other  like  Cafes,  and  as  if  the  Defendant  had  appeared  '<^  ^^  ^°'^- 

at  the  Return  of  the  firfl  Writ  or  Precept. 

XVII.  P  ROV  ID  ED  ahvays.  That  no  Sheriff  or  other  Officer,  fhall  make  sherif  not  to  re- 
Return  upon  any  Writ  or  Precept,  againft  whom  the  fame  iffued  is  not  to  be  TZ"'"  fi  ll' 
found,  until  he  ffiall  aftually  have  been  at  the  Dwelling-houfe  or  Place  of  Refi-  ^^'  ''-^"  "  'h= 
dence  of  fuch  Perfon,  and  not  finding  him,  fhall  have  there  left  an  atteftedCopy  S"^ '  *^'"'^'' 
of  the  fame  Writ  or  Precept. 

XVIII.  PROVIDED  alfo.  That  if  any  Writ  or  Precept  fhall  be  delivered  Wnt  aeainft  a„ 
to  any  Sherif  or  other  Officer,  to  attach  the  Body  of  any  Perfon  being  a  known  JJue'""'"^  *' 
Inhabitant  of  another  County,  and  not  of  the  County  where  the  faid°Sherif  re-  to' b7  reamed' 
fides,  in  fuch  Cafe  the  Sherif  or  Officer  fhall  make  Return  according  to  the  Truth  2,Va"^ffue 
of  the  Cafe,  and  not  that  the  Perfon  is  not  to  be  found  in  his  County  ;  and  there-  to'theShLf  of 
upon  2.x\  Alias  fhall  iffue,  direded  to  the  Sherif  where  fuch  Defendant  may  refidej  ^"^^^'^""'y-  ■ 
and  that  no  Variance  of  the  Addition  of  the  Place  of  Abode  fhall  be  deemed 

Error. 

XIX.  AND  be  it  further  EnoMed,  by  the  Authority  aforefaid.  That  from  and  sherif  may  tak^ 
after  the  Ratification  of  this  Ad,  it  fhall  and  may  be  lawful  for  the  Sherifs  of  the  lawful  Fees, 
feveral  Counties  of  this  Province,  to  take  and  receive  to  themfelves,  the  feveral 

Fees  appointed  by  the  Laws  of  this  Province ;  and  liable  to  the  Penalties  for  tak- 
ing extravagant  or  more  Fees  than  are  by  Law  eftablifhed. 

XX.  AND  be  it  further  Enacthd,  by  the  Authority  aforefaid^  That  the  Sherif  Sherifs  to  attend 
or  Deputy  of  each  County  fhall,  by  Turns,  attend  the  General  Court,  according  ^y^Turn?"!''- 
to  a  Rule  to  be  eftabhflied  by  the  faid  Court  j  and  fhall  and  are  hereby  impow-  "'^ing  to  Rules. 
ered,  in  Cafe  of  Default  or  non-Appearance  of  Jurors  on  any  principal  Pannel,  „ 
tofummons  any  By-ftanders,  that  are  Freeholders  and  qualified  to  ferve  as  Ju-  Ca?e'*oS"  d,  ?o 
rors,  tho'  fuch  Freeholder  or  Freeholders  may  refide  in  any  other  County  than  ^^  f^'^'^^'^'^- 
where  the  General  Court  is  held  j  and  that  every  Sherif,  or  his  Deputy,  fhall  sherifs  to  attend 
conitantly  attend  at  the  Court  of  the  County  for  which  he  is  Sherif.  *^""°^^  ^°"'"' 

XXI.  AND  whereas  fundry  Suits  have  been,  and  are  now  depending  in  the 
General  Court,  or  the  Courts  heretofore  called  Precind  Courts  of  this  Province, 

Z  the     . 


< 


^o  L  A  IV  S    o/'North-Carolina. 

^.  D.  173S.    the  Procefs  whereof  have  been  executed  by  the  Provoil  -Marflial,  or  his  Deputies ; 

^jJ^^^^TIiuTri?  ^^  ^'^  Ena£fed,  by  the  Authority  aforefaid.  That  in  all  fuch  Cafes,  the  Provoft- 

begun,  M.^rrt-.ai    Marflial  in  whofe  Time  fuch  Procefs  was  executed,  fhall  be  as  liable  and  fubjeft 

to  be  liable.        ^^  ^^^j^  Payments  and  Orders  of  the  General  Court,   or  the  Courts  heretofore 

called  Precind  Courts,  as  he  might  or  ought  to  have  been  if  this  A6t  had  never 

been  made  ;  and  fhall  be  intituled  to  the  fame  Fees  as  by  Law  are  appointed  in 

fuch  Cafe  :  Any  Thing  herein  contained  to  the  contrary,  notwitliftanding. 

Office  of  Provcft-  XXII.  A  N  B  be  it  further  EnaSled^  by  the  Authority  aforefaid.  That  from 
Marfhai  abo-  and  after  the  Twenty  Fifth  Day  of  March,  in  the  Year  of  our  Lord  One  Thou- 
^''^"'^-  fand  Seven  Hundred  and  Thirty  Nine,  the  Office  of  Provoft-Marlhal  in  this  Pro- 

vince fhall  be  abolifhed,  and  totally  ceafe  and  determine,  as  if  fuch  Office  had 
piednfts  altered  Hcver  been :  And  that  from  and  after  the  Ratification  of  this  Aft,  the  feveral 
to  Counties.       Precinfts  within  this  Province  lliall  be  called  Counties. 

XXIII.  AND  whereas  the  Office  of  Provoft-Marflial,  by  this  Aft  abolilhed, 
is  veiled  in  Robert  Halton,  Efq;  who  being  willing,  for  the  Public  Good,  to  give 
up  the  faid  Office,  and  the  AfTembly  taking  the  fame  into  Confideration,  have 
agreed  to  give  the  faid  Robert  Halton,  Efq;  the  Sum  of  Two  Thoufand  Pounds, 
Current  Bills  of  Credit  of  this  Province  : 

^oUrt  Haitm  XXIV.  B  E  it  Enabled,  by  the  Authority  of  the  fame.  That  the  faid  Robert 
Efq;  to  be  paM  IJalton,  Efqj  have  the  faid  Sum  of  Two  Thoufand  Pounds  paid  him  out  of  the 
LT"P  Provoft-  Public  Money  of  this  Province  •,  One  Thoufand  Pounds  thereof  to  be  paid  at 
Marflial.  paffing  of  this  Aft,  and  the  other  Thoufand  Pounds  to  be  paid  within  Threa 

Years  next  after,  if  this  Aft  be  not,  within  that  Time,  Repealed,  or  upon  No- 
tice of  the  Royal  AfTent  being  given  to  this  Aft  ;  to  be  placed  in  the  Eftimate  of 
the  Public  Accounts  of  this  Province,  before  the  breaking  up  of  this  Seffion  ; 
and  for  which,  after  the  Expiration  of  the  faid  Three  Years,  or  Notification  of 
the  Royal  Affent  to  this  Aft,  which  fhall  firft  happen,  it  fhall  and  may  be  law- 
ful for  the  Governor  or  Commander  in  Chief  for  the  Time  being,  to  ifTue  his 
Warrant  for  the  fame. 


Time  of  Pay 
tnent. 


CHAP.     IV. 


^A^n  ?  v^%  ^^  ^^•>  fi^  facilitating  the  Navigation  of  the  feveral  Ports  of  this  Pro- 
cha'i.  10.  '^"^ '  vijtce,  and  for  Buoying  and  Beaconing  the  Channels  leading  from  Oca- 
cock  Inlet,  to  Edenton,  Bath-Town,  and  Nev^bern,  and  from  Top- 
fail  Inlet,  to  Beaufort  ionion,  and  other  Ports  and  Inlets  ^within  the  faid 
Province  herein  mentiojied;  and  for  providing  fiifficient  Pilots  for  the 
fafe  ConduSi  of  Veffels. 


CHAP.    V. 


jfepe^kd  by  his  An  A5t,  declaring  what  jhall  be  deemed  a  fufficient  Cultivation  of  Lands 
StSnci?'"'       already  granted,  or  hereafter  to  be  granted^  by  His  Majejly  j  atid  for^ 
afcertaining  the  Manner  of  granting  lapfed  Lands. 


CHAP. 


LAWS    o/'North-Carolina.  91 

A.  D.    1733. 

CHAP.     VI.  ' — "" ' 

An  ASl,  for  appointing  Circuit  Courts^  and  for  enlarging  the  Power  of  kc^.   by  Aft, 

tbe  County  Courts,  ^^-^  \  ''^^' 


CHAP.     VII. 

An  ABy  to  appropriate  Iwo  "fhoufand  Pounds^  Current  Bill  Money,  to 
ereSi  a  fiifficient  Goaly  a?id  OJice  or  Place  for  the  fafe  keeping  the  Re- 
cords of  the  General  Courts  and  for  repairi?ig  the  Court-houfe  at  Eden- 
ton  J  and  jor  other  Purpofes  therein  mentiofied.     O  B  S. 


CHAP.     VIII.    . 

An  A^,  for  the  Encouragemejit  and  better  Regulation   of  the  Town  of  R«p-   •'y  Aft, 

Edenton.  ^  t^:tir''" 


CHAP.     IX. 

An  A^y  for  dejlroying  Vermin  within  this  Province.     EXP. 


•  C  H  A  P.     X. 

An  ASfy  to  prevent  killing  Degj^  ^at  unfeafonable  Times, 

^'  "R  ^  ^^  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq\  Governor^  hy  and  n.,  Deer  to  br. 
X>  'wilh  the  Advice  and  Confent  of  his  Majeftfs  Council,  and  General  Aff em-  *''"'='^  ^'''•''" 
lly  of  this  Province,  and  it  is  hereby  EnaEied,  by  the  Authority  of  the  fame.  That  it  >/y  ,5^-on  p"- 
fhall  not  be  lawful!  to  loU  or  deftroy  any  Deer,  running  wild  in  the  Woods,  or  ""'^^  "^'  s^- 
unfenced  Ground,  in  I'^x  Government,  by  Gun,  or  any  other  Ways  or  Means 
whatfoever,  between  the  Fifteenth  Day  of  February,  in  e^ch  Year,  and  the  Fif- 
teenth Day  of  July  fucceeding,  after  the  Ratification  of  this  Aft:  And  if  any  Per- 
fon,  not  being  a  Servant  or  Slave,  fhall  kill  any  Deer  contrary  to  this  Ad,  and 
be  thereof  lawfully  convided,  the  faid  Perfon,  for  every  Deer  fo  killed  or  deftroy- 
ed,  fhall  forfeit  and  p^ay  the  Sum  of  Five  Founds,  current  Money, 

II.  AND  be  it  further  Enabled,  by  the  Authority  aforefai^.  That  if  any  Servant  semnt  or  si. v. 
or  Slave,  by  Order  or  Command  of  his  or  herMafler,  Miftrefs,  or  Overfeer,  fhall  '^'"^"e  Deer  i,y 
kill  or  deftroy  any  Deer,  contrary  to  this  Aft,  the  Mafter,  Miflrefs,  or  Overfeer  "^[IjSITx.. 
giving  fuch  Order  or  Command,  and  being  thereof  lawfully  convifted,  for  every  ^^'"  '"  '^^  P" 
Deer  fo  killed  or  deftroyed,  as  aforefaid,  fhall  forfeit  and  pay  the  aforefaid  Penal-  "''''^' 
ty  of  Five  Pounds,  as  if  the  faid  Mafter,  Miftrefs,  or  Overfeer  had  aftuallv  com- 
mitted the  Oflence. 

III.  ANjy 


92 


LA  W  S    of    North-Carolina. 


Servant  or  SI  ive       I^^"  ^^D  Ic  it  further  EnaElcd^  by  the  Authority  aforefaid.  That  if  any  Ser- 
kiiiing  Deer,' to  yant  Or  Slavc,  of  his  own  accord,  without  any  Order  or  Command  from  his  or 


i,nfefs^the^''''"e  her  Maftcr,  Miftrefs,  or  Overfeer,  Ihall  kill,  deftroy,  or  buy  any  Deer,  contrary 
Sccu.'ity  for  the  to  this  Aft,  and  be  thereof  convided,  by  the  Oath  of  one  credible  Witnefs,  before 
^'"''  a  Juftice  of  the  Peace  of  the  County  wherein  the  Offence  is  committed,  for  every 

Deer  fo  killed  or  deftroyed  as  aforefaid,  the  faid  Servant  or  Slave  fhall  have  and 
receive,  on  his  or  her  bare  Back,  Thirty  Lafhes,  well  laid  on,  to  be  inflifted  by 
Order  of  the  faid  Juftice  before  whom  the  faid  Conviftion  fhall  be,  unlefs  fome 
fufficient  Perfon  will  become  bound  to  pay,  for  the  faid  Servant  or  Slave,  the  Sum 
of  Five  Pounds  current  Money,  within  Six  Months,  in  Lieu  of  the  faid  Punifh- 
ment  aforelaid,  to  the  Churchwardens  of  the  Parifh  where  the  Offence  is  com- 
mitted, for  the  Ufes  direfted  by  this  Ad. 

IV.  AND  he  it  further  Enabled,  by  ^e  Authority  aforefaid.,  That  one  Moiety 

Kaei  *Fjvfpria-  ^^.  ^^^  forfeitures  of  this  A6t,  Ihall  be  to  the  Churchwardens  of  the  Parifh  where 

fuch  Offence  is  committed,  for  the  Ufc  of  the  Parifli,  and  the  other  Moiety  to  the 

Informer  i  to  be  recovered,  with  Cofts,  by  a  Warrant  from  any  Juftice  of  the 

Peace  within  this  Government;  faving  unto  all  free  People,  the  Right  of  Ap- 

R:ght  of  Appeal     ^^j  jq  jj^g  County  Court  where  the  Offence  is  committed:  Which  faid  Court  is 

iiiowed.  finally  to  determine  the  fame ;  wherein  no  EfToin,  Protection,  or  Wager  of  Law, 

fhall  be  allowed  or  admitted  of. 


C  H  A  P.    XL 

An  A6iy  for  appointing  a  Town  on  the  Vlantatlon  where  William  Web- 
fler  710W  dwelleth^  in  Hyde  County^  on  the  Weil  ^ide  of  Matcha- 
pungo  River. 

frivate.  "  I  T  T  7"  E  pray  that  it  may  be  Enafted,  And  be  it  EnaSted^  by  his  Excellency 
\/y  Gabriel  Johnfton,  Efq^'^  Governor^  by  and  with  the  Advice  and  Confent  of 
his  Majefly's  Council,  and  General  Affemhly  of  this  Province,  and  by  the  Authority  of 
the  fame.  That  all  the  Land  from  a^reek  next  to  miliam  Denmark's,  running  to 
another  Creek  next  to  Richard  Lenimont's,  on  a  direft  Line  on  the  River  Side, 
running  from  the  high  Land  on  each  Creek,  One  Hundred  Yards  back,  on  a  di- 
reft  Line,  is  hereby  declared  to  be  a  Townfhip,  by  the  Name  of  JVoodfiock,  with 
all  Priviledges  and  Immunities  hereafter  mentioned  and  expreffed,  for  ever;  and 
that  the  Property  of  the  faid  Plantation  or  Townfhip,  be.oflnd  it  is  hereby  hence- 
forward invefted  in  Samuel  Sinclair,  Gentleman,  Mr.  William  Harris,  and  Mr. 
John  Smith,  or  any  Two  of  them,  who  are  hereby  impowered  to  lay  out  the  faid 
Land  into  Lots,  of  Half  an  Acre  each,  with  convenient  Streets,  not  lefs  than 
Sixty  Feet  wide. 

II.  A  N  D  be  it  further  Enabled,  That  Mr.  John  Smith,  be,  and  is  hereby  ap- 
pointed Treafurerand  Receiver  of  all  fuch  Sum  and  Sums  of  Money,  which  fhall 
arife  on  the  Sale  of  the  faid  Lots,  for  the  Ufe  hereafter  mentioned ;  and  on  the 
Death,  or  Departure  out  of  the  Government,  or  Refufal  of  the  faid  Treafurer  to 
a£t,  then  the  next  fucceeding  Commiffioner  or  Truftee  fhall  officiate  in  his  Stead 
and  Place,  and  fhall  give  Security  to  the  Juftices  of  the  Court,  that  he  will  be  ac- 
countable for  the  Money  he  fhall  receive  by  Virtue  of  this  Aft. 

III.  AND  be  it  further  Ena^ed,  That  every  Perfon  whatfoever,  who  is  willing 
to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  Liberty  to  take  up  any  Lot  or  Lots 
fo'laid  out  as  aforefaid,  and  not  before  taken  upj  which  Lot  or  Lots  the  faid 

Com- 


LAWS      of     N  O  R  T  H  -  C  A  p.  O  L  I  N  A. 


93 


Commiffioners,  or  any  Two  of  them,  are  hereby  direded  and  impowered  to  Grant,    ^'  ^• 
Convey,  and  Acknowledge,  to  the  Perfon  or  Perfons  fo  taking  up  the  fame,  and  ' 
to  his  or  their  Heirs  and  Affigns,  for  ever,  in  Fee-Simple,  upon  the  Payment  of 
Forty  Shillings,  current  Money,  and  the  laid  Confideration  Money  Ihall  be  paid 
unto  William  F/ebJier,  the  Proprietor  of  the  laid  Land,  his  Heirs  and  Affigns. 

IV.  PRO  FID  E  D  always.  That  if  any  Perfon  whatfoever  Ihall  take  up, 
and  have  conveyed  to  him,  any  Lot  or  Lots  as  aforefaid,  and  Ihall  not  build,  or 
caufe  to  be  built  thereon,  within  Two  Years  after  the  Date  of  the  faid  Convey- 
ance, a  good,  fubftantial,  habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty 
Feet  in  Length  and  Fifteen  Feet  wide,  befides  Sheds  or  Leantoes,  or  make  Pre- 
paration for  fo  doing,  as  the  Court  of  the  laid  County,  by  View  of  any  Two  or 
more  of  them,  Ihall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance 
ihall  be,  and  is  hereby  declared  void  and  of  none  EfFe6l,  as  if  the  fame  had  ne- 
ver been  made  ;  and  that  the  faid  Lot  or  Lots  fhall  be  free  and  clear  for  any  other 
Perfon  to  take  up  and  purchafe,  on  the  Conditions  aforefaid. 

V.  PROVIDED  alfo.  That  all  Monies  arifing  by  the  Second  or  other  Sale 
of  the  faid  Lots,  fhall  be,  and  is  hereby  appropriated  and  applied,  for  the  build- 
ing of  a  Church  ;  and  what  fhall  be  more  than  will  build  the  faid  Church,  Ihall 
be  applied  to  fuch  other  Ufes  as  the  faid  Commiffioners,  or  the  major  Part  of 
them,  Ihall  think  fit,  for  the  Encouragement  of  the  faid  Town. 

VI.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  the  Com- 
miffioners, or  any  Two  of  them,  fhall  have  Power  and  Authority,  and  they  are 
hereby  required  and  impowered,  to  remove  all  Nufances  within  the  Limits  of  the 
faid  Town  •,  and  that  no  Perfon,  Inhabitant  of  the  faid  Town,  or  holding  Lots 
there,  Ihall  enclofe  the  fame,  or  keep  the  fame  enclofed,  under  a  common  Stake 
Fence,  but  every  Lot  therein  Ihall  be  paled  in,  or  done  with  Polls  and  Rails 
fet  up. 

VII.  A  N  D  for  the  further  Encouragement  of  the  faid  Town,  Be  it  Enacted, 
by  the  Authority  aforefaid.  That  all  Mufters  for  the  faid  County,  Eled:ion  of  Bur- 
gelTes,  and  all  Bufmefs  and  Affairs  of  the  like  Nature,  which  belong  to  the  faid 
County,  fhall  be  taken,  done,  and  tranfaded  within  the  faid  Town,  arid  at  no 
other  Place  or  Places  whatfoever. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Per- 
fons, PofTefibrs  or  Owners  of  Lots  in  the'  faid  Town,  fhall,  and  they  are  hereby 
obliged,  witliin  Two  Years  next  after  the  Ratification  of  this  A6t,  to  clear  all 
fuch  Lots  by  them  held  and  pofTefTed,  from  all  Manner  of  V^ood,  Under-wood, 
BruHi,  and  Grubs,  that  are  or  may  be  ofFenfive  to  the  faid  Inhabitants,  and  fhall 
fo  keep  and  maintain  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafters 
under  the  Penalty  of  Ten  Sliillings  per  Month ;  to  be  recovered  by  a  Warrant 
from  one  Juflice  of  the  Peace  ;  one  Half  to  the  Informer,  and  the  other  Half  to 
the  Commiffioners,  for  the  Ufe  of  the  faid  Town. 

IX.  AND  he  it  further  EnaSled,  by  the  Authority  aforefaid.  That  in  Cafe  of 
the  Death,  or  Departure  out  of  the  Government,  of  any  of  the  faid  Commif- 
fioners, at  any  Time  hereafter,  the  remaining  Com.miffioners,  together  with  the 
Juftices  of  the  County  Court,  are  hereby  authorifed  and  impowered,  to  make 
Choice  ot  fome  other  Perfon  or  Perfons  to  fucceed  fuch  Commiffioner  or  Com- 
miffioners fo  dying  or  departing  as  aforefaid  •,  which  Perfort  or  Perfons  fo  eleded 
and  chofen,  fhall  be^,  and  they  are  hereby  invefted  with  as  much  Power  and  Au- 
thority, to  all  Intents  and  Purpofes  whatfoever,  as  the  prefent  Commiffioners 
herein  appointed  are  invefted  with,  by  Virtue  of  this  Ad. 

A  a      -  ^  X.  AND 


•^r- 


94, 


LA  JV  S    of    North-Carolina. 


A.  D.  1738. 


X.  A  N  D  be  it  further  Enacted,  by  the  Authority  af or efatd.  That  the  Commif- 
fioners  are  hereby  impowered  to  make  Choice  of  one  Acre  of  Ground  in  the 
faid  Town,  where  ever  they  fhall  think  fit  and  moft  convenient,  for  a  Church 
and  Church  YarJ. 


S  I  G  N  E  D  by 
Gabriel  Johnston,  Efqj  Governor.' 
William  Smithy  Prefident.' 
William  Downing,  Speaker.' 


Anno 


L  yi  ff^  S    of    N  orth-Carol  iu  A,  gs 


A.  D.   1738. 


Anno  Regni 


G  E  O  R  G  1 1   IL 

Regis,    Magn^e  Britannia,  Francice,  &C 
Hiberniie,  Duodecimo, 


E  R  I  K  r 
K  S  T  O  If. 


At  a  General  ASSEMBLY,  held  at  Newbernj  the  Eiehth  g  a  , 
Day  of  Marchy  m  the  Year  or  our  Lord  One  Thoufand  ^'^s  Go«n.or. 
Seven  Hundred  and  Thirty  Eight. 


CHAP.    I. 

An  A5i,  to  fupply  the  DefeB  of  an  AB,  pajfed  lafl  SeJJion  of  AJfembly, 
intituled,  An  A6l,  jor  appointing  Sherifs  in  the  Room  of  MarJJmh  of 
this  Province^  for  prefcribing  the  Method  of  appointing  them^  and  for 
limiting  the  Time  of  their  Continuance  in  Office^  and  directing  their  Duty 
therein  J  and  for  abolijhing  the  Office  of  Provoji-Marfial  oj  this  Province  -, 
and  for  altering  the  Names  of  the  PrecijiSls  into  Counties. 

I-  "1  Tl  r  H  E  R  E  A  S  by  the  aforefaid  A<5t  of  Aflembly,  it  was,  among  other  pfja^we 

VV     Things,  Enadted,  That  the  Court  of  every  County  in  this  Government, 
at  the  firft  Court  that  Ihall  be  held  in  each  County  next  after  the  Ratification  of 
this  Aft,  Ihall  recommend  to  the  Governor  of  this  Province,  Three  fuch  Juftices 
of  the  fame  County  Court  as  they  fhall  think  moft  fit  and  able,  to  execute  the  Of- 
fice of  Sheriff,  for  their  refpeftive  Counties,  for  the  Two  next  fucceeding  Years  ; 
of  which  Three  Perfons  fo  recommended,  the  Governor  fhall  commiflionate  fuch 
one  of  them  as  to  him  Ihall  feem  meet,  to  execute  the  faid  Office :  And  where- 
as it  was  therein  further  Enafted,  That  from  and  after  the  Twenty  Fifth  Day 
oiMarchy  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty 
Nine,  the  Office  of  Provoft-Marfhal  of  this  Province,  be  abolifhed  and  ceafe  :  And 
vvhereas  the  Office  of  Provoft-Marfhal  will  ceafe  a  confiderable  Time  before  She- 
rifs can  poffibly  be  appointed,  according  to  the  Direftions  of  the  aforefaid  Aft,  in 
which  Interval  of  Time  no  Perfon  or  Perfons  are,  by  the  faid  Aft,  authorifed  to 
execute  the  Office  of  Sherifs  of  the  refpeftive  Counties  of  this  Colony,  or  any  of 
them,  whereby  a  great  Failure  of  Juftice  muft  enfue,  unlefs  remedied :  For  Reme- 
dy whereof,  ""  II.  W  E 


g6  LAWS    o/'    North-Carolina. 

^.  D.   1738. 

^^^^Z^^^^y  II.  WE  Pray  that  it  may  be  Enafted,  And  be  it  Enabled,  by  his  Excellency  Ga- 
appoint  sheriis  bricl  Johiifton,  Efq^-,  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefty's 
ounty.  £g^jj^ji^  ^^^^  General  Aj[enif>ly  of  this  Provincey  and  it  is  hereby  Enacted^  by  the 
Authority  of  the  fame^  That  the  Governor  or  Commander  in  Chief  of  this  Colony, 
fhali  and  may  conftitute  and  appoint  Sherifs,  for  each  and  every  County  within 
this  Government,  to  execute  their  feveral  Offices,  from  and  after  the  aforefaid 
Twenty  Fifth  Day  of  March^  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Thirty  Nine,  for  and  during  the  Term  of  Two  Years,  thence  next 
cnfuing  -,  and  in  Cafe  of  the  Death  or  Removal  out  of  this  Province  of  any  of 
them,  to  commiffionate  others  in  their  Room,  to  execute  the  faid  Office,  for  and 
during  the  Time  then  in  fuch  Cafe  unexpired  of  the  faid  Two  Years :  And  fuch 
Sherifs  fo  conftituted  by  the  Governor,  are  hereby  authorifed  to  execute  their  fe- 
veral Offices,  in  as  full  and  ample  Manner,  to  all  Intents  and  Purpofes,  as  if  they 
were  appointed  according  to  the  Directions  of  the  aforefaid  A6t. 

Sherifs  to  give  HI.  P ROVID ED  always^  That  every  Sheriff  fo  appointed,  ihall  give 
^''"'*'  Bond,  with  fufficient  Securities,  in  the  Sum,  and  in  the  Manner  by  the  aforefaid 

Aft  directed,  for  the  faithful  Difcharge  of  his  faid  Office  j  and  ihall  likewife  take 

the  Oath  of  Office  therein  direfted. 

theTr^office'di*      "^^*  ^ N D  be  it  furtheT  Enact ed^  by  the  Authority  aforefaid.  That  each  of  the 
fupeVfeded^  and  Shcrifs  which  ffiall  be  appointed  by  the  Governor  by  Virtue  of  this  Aft,  fhall 
Fee'^/aT  the  PrT  ^"^  ^^^  cxccutc  his  Officc  Until  he  be  fuperfeded,  according  to  the  Direftions  of 
voft-Mai/hai,      the  Aft  of  Affembly  herein  before  recited ;  and  likewife,  that  the  feveral  Sherifs 
of  this  Government  Ihall  and  may  take  and  receive  the  feveral  Fees  by  Law  ap- 
pointed for  the  Provoft-Marlhal,  and  Ihall  likewife  oe  intituled  to  have  and  re- 
LcSeMceT^"'^"  ^^^^^  ^^s  Sum.  of  Eight  Pounds  Proclamation  Money,    for  all  Public  Services ; 
and  likewife,  the  feveral  Sums  by  Law  appointed  to  Sherifs,  for  coUefting  Pub- 
lic Taxes. 

Perfons  refufing  V.  AN  D  be  it  further  EnaEled^  by  the  Authority  aforefaid.  That  if  any  Perfbn 
gV^o  The^eext  '^^^'^^  ^^^^  ^^  appointed  by  the  Governor,  by  Virtue  of  this  Aft,  fhall  refufe  to 
Sheriff.  accept  the  faid  Office,  each  Perfon  fo  refufing,  (except  fuch  Perfons  as  by  the  a- 

forefaid  Aft  is  excepted,)  fhall  forfeit  and  pay,  to  the  next  Perfon  who  fhalj  ex- 
ecute the  faid  Office,  the  Sum  of  Eight  Pounds  Proclamation  Money ;  to  be 
recovered  and  applied  in  the  fame  Manner  as  in  the  before-recited  Aft  is  direfted, 
in  Cafe  of  the  Refufal  of  a  Sheriff  fo  appointed  by  Virtue  thereof. 

Sherifs  Tiabie  to      VI.  A N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral 

Penalties.  Shcrifs  which  fliall  be  appointed  by  the  Governor,  by  Virtue  of  this  Aft,  fhall 

be  liable  to  all  the  Penalties  in  the  aforefaid  Aft  mentioned  and  impofed,  for.  any 

Mifdemeaners  which  they  may  commit  in  the  Execution  of  their  Office ;  to  he 

recovered  and  applied  as  the  Forfeitures  in  the  faid  Aft  are  direfted. 

f^'^fhlrffs^'w      ^^^'  A  N B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  and 

fee  appointed  ac  aftcr  the  ExplratioH  of  the  faid  Two  Years  next  enfuing  the  Twenty  Fifth  Day  of 

cording  to  Aft.    March,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty  Nine, 

all  Sherifs  of  this  Government  fhall,  for  ever  after,  be  appointed  according  to  the 

Direftions  of  the  Aft  of  Affembly  herein  before  recited,  and  not  otherwife. 

S  I  G  N  E  D  by 
Gabriel  Johnston,  Efq;  Govcrner; 
,  William  Smith,  Prefident. 

William  Downing,  Speaker* 


L  A  W  S    of    North-Carolina. 


97 


yi.  D.    1759. 


J&**t*c)t-,c!hct;tt:,ct:.*j**,tt:.c^^^^^ 


smI 


O 


Anno  Regni 


G  E  O  R  G  1 1   IL 

Regis,    Magnce  Brkanniae,  Franciie,  &c 
Hiberniie,   Decimo  Tertio. 


At  a  General  ASSEMBLY,  held  at  Newherri,  the  Twen-  gaebiec 
ty  Fifth  Day  of  Februaryy  in  the  Year  of  our  Lord  One  e%"go7to 
Thoufand  Seven  Hundred  and  Thirty  Nine. 


CHAP.    I. 

An  Acf,  appointing  a  Treafurer  for  the  fever al  Counties  herein  mentioned^ 
in  the  Room  of  William  Downing,  Efq-,  deceafed.     O  B  S. 


CHAP.    II. 

An  ^5f,  to  afcertain  the  Allowance  of  his  Majeftfs  Council^  and  the  Mem- 
bers  of  AJJembly^  of  this  Province,  and  for  Payment  of  all  Claims  j  and 
to  prevent  kttijig  out  any  more  of  the  Loan  Money  on  Inter  ef.     EXP, 


CHAP.    III. 

An  A£i^  prefcribing  the  Manner  of  Proving  Book  Debts. 

^-  '\KT  HERE  AS  tiie  Trade  and  Merchandize  in  this  Province,  is  chiefly  Preamble, 

VV  carried  on  by  Retail,  and  Goods,  Wares,  and  Merchandizes  are 
generally  delivered  to  thofe  that  buy  them  by  the  Retailer  himfelf,  and  it  very  fre- 
quently happensi  that  no  Body  is  privy  thereto  but  the  Buyer  and  Seller,  fo  thae 
m  many  Cafes,  there  may  be  a  Defed  of  legal  Evidence  to  charge  fuch  Buyer, 
snd  by  that  Means  the  fair  Trader  may  be  hindred  from  recovering  a  juft  Debt :  And 

B  b  for- 


^8  LAWS    c/'    North-Carolina. 

» 
y?.  D.  1739.    forafmuch  as  no  Law  now  in  Force  doth  determine  what  fljall  be  lawful  Evi- 
^-'    V"-«-^   dence  in  fuch  Cafes,  and  many  Difputes  and  Difficulties  in  the  feveral  Courts  of 
'  this  Province  do  frequently  arife  thereupon,  and  different  Notions  and  Opinions 
prevail,  and  altho'  allowing  the  Plantiff,  in  all  Cafes,  to  prove  his  Debt  by  his 
own  Oath,  may  have  been  attended  with  great  Inconveniences,  and  occafioned 
frequent  Perjuries,  yet,  on  the  other  Hand,  it  may  be  necefiary,  for  the  Sup- 
port of  Trade,  in  fuch  a  Courfe  of  Dealing,  to  allow  the  Plaintff's  Book,  proved 
by  his  own  Oath,  to  be  given  in  Evidence : 

Manner  of  pr»v.  II.  BE  it  therefore  Enucted^  hy  bis  Excellency  Gdbud  }oh.n?(.on,  E^qy  Cover-, 
iiig  Book  Debts,  j^g^^  i^y  ^^^  ^iijj  thg  Advice  and  Confent  of  his  Majeftfs  Council,  and  General 
AJfembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame^ 
That  wherever  any  Perfon  or  Perfons  hereafter  lliall  bring  any  Adion  of  Debt,  or 
vipon  the  Cafe,  and  therein  fhall  declare,  upon  an  Emijfet,  or  Indebitatis,  Af' 
fumpfit,  or  ^.antum  Valebant,  or  ^antum  Meriut,  for  Goods  Wares,  or  Mer-' 
chandizes,  by  him  fold  and  delivered,  to  any  Perfon  or  Pefons,  or  for  Work  or  La- 
bour done  and  performed,  and  upon  the  Tryal  of  fuch  Aftion,  fliall  declare, 
upon  his  Corporal  Oatii,  or  folemn  Affirmation,  as  the  Cafe  may  be,  that  the 
Matter  in  Difpute  is  a  Book  Account,  and  that  he  hath  no  Means  to  prove  the 
Delivery  of  the  Articles  therein  contained,  or  any  of  them,  but  by  his  Book  j  in 
that  Cafe,  fuch  Book,  provided  it  contain  the  fir(l  Entry,  Iliall  and  may  be  givea 
in  Evidence  upon  the  Tryal,  if  he  fhall  make  out,  by  his  own  Oath,  that  fuch 
Book  or  Books  doth  contain  a  true  Account  of  all  the  Dealings  between  him  and 
the  Defendant  from  the  Beginning,  or  the  laft  Settlement  of  Accounts  between 
them,  and  that  all  the  Articles  therein  charged  were,  bona  fide,  delivered,  and  that 
'  he  hath  given  all  juft  Credits,  due  to  the  Defendant,  in  fuch  Account ;  and  fuch  Book 

or  Books,  and  Oath,  fhall  be  admitted  and  received  as  good  Evidence  for  any  of 
the  Articles,  for  Goods  dilivered  within  Eighteen  Months  before  the  fame  Adi- 
on  Wought,  but  not  for  any  Article  of  a  longer  Standing :  And  where  the  Perfon 
who  delivered  fuch  Goods,  Wares,  or  Merchandizes,  fhall  die,  his  Executors,  or 
Adminiflrators,  may  give  his  Book  or  Books  in  Evidence,  upon  his  or  their  mak- 
ino-Oath,  that  there  are  no  WitnefTes,  to  his  or  their  Knowledge,  capable  of  prov- 
ing the  Delivery  of  the  Goods  or  Merchandizes  therein  mentioned,  and  that  he 
or  they  found  the  Book  or  Books  fo  ftated,  and  do  not  know  of  any  Credit  to  be 
given  -,  and  fuch  Book  and  Oath  fhall  be  admitted  and  received  as  Evi4.ence  for 
any  of  the  Articles  for  Goods  delivered  within  the  Time  aforefaid. 

Defendant  may  HI.  P RO V I B E B  neverthekfs.  That  the  Defendant  fhall  be  at  Liberty  to 
Evldlc?.""''^'"  contefl  the  Plaintiff's  Evidence,  and  to  oppofe  the  fame  by  legal  Evidence;  and 
Teftatot's  Book  where  the  Defendant  fhall  be  an  Executor  or  Adminiftrator,  his  Teftator  or  In- 
a^^muted  as  Ev.-  ^.gft^jg.g  g^^j^  fl^^ll  and  may  be  given  in  Evidence  againft  the  Plaintiffs  Book, 
where  the  Plaintiff  is  Executor  or  Adminiftrator. 

No  Book  of  Ap.  IV.  P  ROV  IB  EB  alfo,  and  be  it  further  Enabled,  That  no  Book  of  Ac- 
S  fcr'Tbot;  counts,  altho'  the  fame  may  be  proved  by  any  Witnefs  or  Witneffes,  fhall  hereafter 
5  Years  before  bc  admitted  or  rccelvcd  in  Evidence  in  any  Adion,  for  any  Money  due  for  Goods, 
Aftion.  Wares,  or  Merchandizes,  hereafter  to  be  delivered,  or  for  Work  hereafter  to  be 

Pafons    beyond  done,  abovc  Five  Years  before  the  fame  Aftion  brought ;  except  in  Cafes  of  Per- 
Seas  excepted,     fo^s  rcfiding  in  Great-Britain,  Or  in  other  Parts  beyond  the  Seas,  or  out  of  the 
Government,  or  where  the  Accounts  fhall  be  fettled  and  figned  by  the  Parties. 

y.  PROFTBEB  neverthekfs,  and  he  it  further  Enabled,  That  for  the  Reco- 

Jente  fo^Debu  vcry  of  any  Debt  now  due,  for  Goods,  Wares,  and  Merchandizes,  heretofore  de- 

f"=l^ for  within  livered,  the  Plaintiff,  within  Eighteen  Months  from  the  Faffing  of  this  Aft,  fhall 

'     °"'  '*        be  allowed  to  give  his  Book  in  Evidence,  being  proved  by  his  own  Oath,  in  the 

Manner  before  directed  j  aod  in  Cafe  of  Executors  or  Adminiflrators,  the  like  E- 

videncc 


L  A   JV  S    of    N  oRT  h-Car  o  l  i  n  a.  99 

vidence  fhali  be  admitted  and  received,  as  is  before  direded  for  the  Recovery  of  ^-  ^'  '739,- 
any  Debt  hereafter  to  be  coiitraded.  *^ v — -^_ 

VI.  PRO VID  E D  alfc.  That  no  fuch  Evidence  as  is  herein  before  menti-  No  Evidence be- 
oned,  fliaH  be  admitted,  recived,  or  taken,  in  any  of  his  Majeftys  Courts  of  Re-  b'"''iw'°"f'^he 
cord  in  this  Province,  as  a  fufficient  kgal  Evidence,  in  any  Caafe  wherein  the  DebcMceedszoi! 
Debt,  or  the  Sum  fued  for,  exceeds  Twenty  Pounds  Proclamation  Money,  or  for 

any  Specie  or  Commodity,  or  Work  done,  that  furmounts  the  Value  of  the  faid 
Twenty  Pounds  Proclamation  Money  ;  any  Thing  herein  contained  to  the  con- 
trary, notwithftandihg. 

VII.  P  ROVIDED  alfoy  That  nothing  in  this  Acl  Ihall  extend  to  any  Or-  ThisAa  not  » 
dinary-keepers  Accounts ;  but  that  the  faid  Ordinary  Accounts  fhall  be  recovered  "ary"kelpe°"''" 
in  Manner  as  by  other  Atfls  heretofore  are  direfted. 


pers. 


C  H  A  P.     IV. 

An  AB,  for  EreBtng  the  Village  called  Newton,  in  New-Hanover  Coun-  see  Aa  paff.d 
/y,  into  a  Tonvn  and  Townjhip,  by  the  Name  of  Wilmington  j  and  Re-  *^*°'  ^^'^"  '*' 
gidating  and  afcertaining  the  Bounds  thereof. 

I.  '\%J  H  E  R  E  A  S  feveral  Merchants,  Tradefmen,  Artificers,  and  other  Per- 
VV  fons  of  good  Subftance,  have  fettled  themfelves  at  a  Villao-e  called 
Newton,  lying  on  the  Eafi  Branch  of  Cape-Fear  River ;  and  whereas  the  faid 
Village,  by  Reafon  of  its  convenient  Situation  at  the  Meeting  of  the  Two  Great 
Branches  of  Cape-Fear  River,  and  likewife,  by  Reafon  of  the  Depth  of  Water 
capable  of  receiving  Veflels  of  confidcrable  Burthen,  Safety  of  its  Roads  beyond 
any  other  Part  of  the  River,  and  the  fecure  and  eafy  Accefs  from  all  Parts  of  the 
different  Branches  of  the  faid  River,  is,  upon  all  thofe  and  many  other  Accounts 
more  proper  for  being  erefted  into  a  Town  or  Townlhip,  than  any  other  Part  of 
the  faid  River :         '  • 

II.  B  E  it  therefore  Enacted,  hy  his  Excellency  Gabriel  Johnfton,  Efq-,  Gover- 
nor,  hy  and  iSjith  the  Ad-vice  and  Confent  of  his  Majefifs  Council,  and  General  Af~ 
femhly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame 
That  the  Village  heretofore  called  Newton,  lying  on  the  Eaft  Side  of  the  North- 
Eafi;  Branch  of  C(2/)^-i^^c'zr  River,  mNcw-Hanover  QoMXiVj,  fhall,  from  and  after 
the  paffing  of  this  Aft,  be  a  Town  and  Townlhip,  and  the  faid  Village  is  hereby 
eftablifhed  a  Town  and  Townlhip,  by  the  Name  of  Wilmington,  the  Bounds 
whereof  fhall  be  and  are  circumfcribed  in  Manner  following  j  that  is  to  fay.  To 
the  Northeaft,  by  the  Lands  of  his  Excellency  Gabriel  Jchnjion,  Efq;  upwards, 
and  below,^  by  the  Lands  of  Michael  Dyer  ;  t(^  the  Weftward,  by  the  Northeaft 
Branch  of  Cape-Fear  River  ;  and  to  the  Eajiward,  by  a  Line  drawn  between  the 
faid  Lands  of  his  Excellency  Gabriel  Johnfion,  Efq-,  and  Michael  Dyer,  One 
Hundred  and  Twenty  Poles  diftant  from  the  River. 

III.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  for  ever,' 
after  paffing  of  this  Aft,  the  Inhabitants  of  and  near  the  faid  Town,  qualified  as 
herein  after  mentioned,  fhall  have  the  Privilege  of  chufing  one  Reprefentative  for 
the  faid  Town,  to  fit  and  vote  in  General  Aflembly. 

IV.  A  N  D  for  afcertaining  tlie  Method  of  chufing  the  faid  Reprefentative,  Be 
rt  further  Enacted,  by  the  Authority  aforefaid.  That  every  Tenant  of  any  Brick, 

3tone, 


loo  Z/^^^'c/'North-Carolina. 

A.  D.  ^Ti9-  Stone,  or  framed  habitable  Houfe,  of  the  Length  of  Twenty  *Feet,- .and  Sixteen 
Feet  -wide,  within  the  Bounds  of  the  faid  Town,  who,  at  the  Day  of  Ele(5lion, 
.and  for  Three  Months  next  before,  inhabited  fuch  Houfe,  fhall  be  entitled  to 
vote  in  the  Eledion  for  the  Reprefentative  of  the  faid  Town,  to  be  fent  to  the 
General  Aflembly  :  And  in  Cafe  there  fhall  be  no  Tenant  of  fuch  Houfe  in  the 
faid  Town,  on  the  Day  of  Eleftion,  quaUfied  to  vote  as  aforefaid,  that  then,  and 
in  fuch  Cafe,  the  Perfon  feifed  of  fuch  Houfe,  either  in  Fee-Simple,  or  Fee-Tail, 
or  for  Term  of  Life,  fhall  be  entitled  to  vote  for  the  Reprefentative  aforefaid. 

V.  AN D  be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  every  Perfoa 
who,  on  the  Day  of  Eleftion,  and  for  Three  Months  next  before,  fhall  be  in 
a6tual  PofTeflion  or  an  Inhabitant  of  a  Brick  Houfe,  of  the  Length  of  Thirty- 
Feet,  and  Sixteen  Feet  wide,  between  the  Bounds  of  the  faid  Town  upwards, 
and  Smith's  Creek,  and  within  One  Hundred  and  Twenty  Poles  of  the  Northeaji 
Branch  of  Cape-Fear  River,  fhall  be  entitled  to,  and  have  a  Vote  in  the  Eledlion 
of  a  Reprefentative  for  the  faid  Town,  (unlefs  fuch  Perfon  be  a  Servant  •, )  and 
fhall,  as  long  as  he  continues  an  Inhabitant  of  fuch  Houfe,  within  the  faid  Bounds, 
enjoy  all  the  Rights,  Privileges,  and  Immunities,  to  which  any  Inhabitant  within 
the  faid  Town  fhall  be  entitled,  by  Virtue  of  this  A<5t. 

VI.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  no  Perfon 
fliall  be  deemed  qualified  to  be  a  Reprefentative  for  the  faid  Town,  to  fit  in  the 
General  AfTembly,  unlefs,  oh  the  Day  of  Eledion,  he  be,  and  for  Three  Months 
next  before,  was  feifed,  in  Fee-Simple,  or  for  Term  of  Life,  of  a  Brick,  Stone, 
or  framed  Houfe,  of  the  Dimenfions  aforefaid,  with  one  or  more  Brick  Chimney^ 
or  Chimnies. 

VIJ.  AND  be  it  further  EnaEied,  by  the  Authority  aforefaid.  That  forever,' 
after  the  pafTmg  of  this  Aft,  the  Court  of  the  County  of  New-Hanover,  and  the 
Eleftion  of  the  Reprefentatives  to  be  fent  to  the  General  AfTembly,  and  the  E- 
leftions  of  Veflrymen,  and  all  other  Public  Eleftions,  of  what  Kind  or  Nature 
foever,  for  the  faid  County  and  Town,  fhall  be  held  and  made  in  the  Town  of 
Wilmington,  and  at  no  other  Place  whatfoever;  any  Law,  Statute,  Ufage,  or 
Cuflom,  to  the  contrary,  notwithftanding. 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and 
after  the  pafTmg  of  this  Aft,  the  CoUedor  and  Naval-Officer  of  the  Port  oUBrun- 
(wick,  (of  which  Port  the  faid  Town  of  Wilmington  is  the  mofl  central  and  con- 
venient Place,  both  for  Exportation  and  Importation,  by  Rcafon  of  its  Naviga- 
tion and  Situation,)  fhall  conflantly  refide  in  the  faid  Town,  and  there  keep  their 
refpedtive  Offices,  until  his  Majefly  fhall  be  pleafed  to  give  his  Diredions  to  the 
contrary :  And  likewife,  the  Clerk  of  the  Court  of  the  County  of  New-Hanover^ 
and  the  Regifter  of  tli^  faid  County,  fhall  conflantly  hold  and  execute  their  re- 
fpeftive  Offices  in  the  faid  Town  of  Wilmi>?gton  :  And  that  if  either  of  the  faid 
Officers  negleft  or  refufe  fo  to  cte,  he  fo  neglecting  or  refufing,  fhall,  for  every 
Month  he  fliall  be  a  Delinquent,  forfeit  and  pay  the  Sum  of  Five  Pounds  Pro- 
clamation Money ;  to  be  fued  for  and  recovered,  by  him  who  fKall  fue  for  the 
fame,  in  the  General  Court  of  this  Province,  or  in  the  County  Court  of  New- 
Hanover,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  EfToign, 
Proteftion,  Injunftion,  or  V^ager  of  Law  fliall  be  allowed  ;  and  one  Half  of  fuch 
Forfeiture  fhall  be  for  the  Ufe  of  the  Perfon  who  fues  for  the  fame,  and  the  other 
Half  fhall  be  paid  to  the  Commilfioners,  for  the  Time  being,  appointed  for  re- 
gulating the  faid  Town. 

IX.  AND  for  the  due  regulating  the  faid  Town,  Be  it  further  EnaBed,  by 
tU  Aufhority  aforefaid.  That  Robert  Halton,  James  Murray,  Samuel  Woodardy 
~    •  -  William 


L  A  IV  S    of    North-Carolina.  ioi 

William  Farris,  Richard  Eagles^  John  Porter^  and  Robert  Walker^  Efquires,  are  ^-  ■^  't^'*- 
hereby  eftablifhed  and  appointed  Commiflloners  for  the  faid  Town  -,  .and  the  faid 
Commiflioners,  or  a  Majority  of  them,  and  their  Succeflbrs,  (hall  have,  and  be 
invefted,  with  all  Powers  and  Authorities,  within  the  Bounds  of  the  faid  Town 
of  Wilmington,  in  as  full  and  ample  Menner,  as  the  Commiflioners  for  the  Town 
of  Edenton  have  or  poffefs,  by  Virtue  of  any  Law  heretofore  paffed. 

X.  AND  whereas  the  Juflices  of  the  County  Court  o^ New-Hanover,  at  the 
Court  held  at  Brunfzvick,  on  Tuefday  the  Eleventh  Day  of  December  laft,  have 
impofed  a  Tax  of  Five  Shillings  per  Poll,  to  be  levied  on  the  Tithable  Inhabi- 
tants of  the  faid  County,  between  the  Firft  Day  of  January,  and  the  Firft  Day  of 
March,  One  Thoufand  Seven  Hundred  and  Thirty  Nine ;  and  afterwards,  one 
other  Tax  of  Five  Shillings  per  Poll,  to  be  levied  on  the  faid  Inhabitants,  between 
the  Firft  Day  of  January,  and  the  Firft  Day  of  March,  One  Thoufand  Seven 
Hundred  and  Forty ;  towards  building  a  Court-houfe  and  Goal  in  the  Town  of 
Brunfwick,  for  the  faid  County  : 

XL  B  E  it  Enacted,  by  the  Authority  aforefaid,  Thaf.  the  Juftices  of  the  faid 
County  Court  fhall,  and. are  hereby  directed,  to  apply  the  faid  Levy  or  Tax  to- 
wards finiftiing  and  compleating  the  Court-houfe  already  eredled  in  the  faid  Town 
ef  Wilmington,  and  towards  building  a  Goal  in  the  faid  Town. 

XII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  one 
©r  more  of  the  faid  Commiflioners  ftiall  die,  or  remove  out  of  the  County,  that 
then  and  in  fuch  Cafe,  the  furviving  or  remaining  Commiflioners  fliall,  within 
Six  Months  after  the  Death  or  Removal  of  fuch  Commiflloner,  prefcnt  to  his  Ex- 
cellency the  Governor  or  Commander  in  Chief  for  the  Time  being.  Three  Per- 
Ibns,  one  of  which  the  faid  Governor  or  Commander  in  Chief  is  hereby  impow- 
ered  to  nominate  and  appoint ;  and  the  Commiflloner  fo  appointed  fhall  be  in- 
verted with  the  fame  Powers  and  Authorities,  as  any  Commiflioner  nominated 
by  this  Aft. 

S  I  G  N  E  D  by 
Gabriel  Johnston,  Efq;  Governor. 
William  Smith,  Prefident. 
John  Hodgson,  Speaker, 


WWWW' 


WW 


■Anno 


L  A  W  S    of   North-Carolina. 


Anno  Regni 

G  E  O  R  G  1 1   11, 

Regis,    Magn^e  Britannia,  Francis,  & 
Hiberni<e,  Decimo  Quarto. 


>  A  B  K  I  C  t. 


At  a  General  ASSEMBLY,  held  at  Edentofiy   the  Twen-  g. 

ty  Firft  Day  of  Augufi^    in  the  Year  of   our  Lord  One  E^'covlino'?.' 
Thoufand  Seven  Hundred  and  Forty. 


C  H  A  P.    I. 

An  A5i,  for  Confirtning  Titles  to  the  Totvn  Lands  o/'Edenton,  for  fe curing 
the  Privileges  heretofore  granted  to  the  [aid  Town,  and  for  further  En- 
couragement and  better  Regulation  thereof 

I.  Wf  H  E  R  E  A  S,  purfuant  to  the  feveral  Ads  of  Affembly  of  this  Pro-  Preambi?. 

VV  vince  heretofore  pafied  and  Ratified,  Four  Hundred  and  Twenty  Acres 
of  Land,  lying  in  the  Fork  of  ^een  Ann's  Creek,  in  Chowan  County,  iri  the 
Province  aforefaid,  bounded  Eajiwardy  by  the  Lands  of  Miles  Gale,  Northward^ 
by  the  Lands  of  William  Badham^  deceafed,  and  George  Lijles,  on  the  Wejlwardy 
by  the  Beaver-Dam^  and  Creek,  and  on  the  Southward.,  by  the  Sound,  was  pur- 
chafed  by  the  PubUc,  and  hath  been  laid  out  for  a  Town,  called  Edenton^  and 
Part  thereof  divided  into  Lots  of  half  Acres,  as  will  more  fully  appear  by  the  Plan 
thereof,  already  laid  out,  with  convenient  Streets,  Paffages,  Place  for  a  Church, 
Governour's  Houfe,  Court- houfe,  Burying-pUce,  Market-place,  and  Council 
Room,  and  other  Purpofes,  and,  by  the  faid  A6ls,  were  veiled,  in  Fee,  in  Com- 
miflioners  or  Truftees,  to  dilpofe  thereof  according  to  the  Dire6lions  of  the  faid 
'feveral  Afts  •,  many  of  which  Commiflioncrs  or  Truftees  have  conveyed  Lots  or 
Half  Acres  to  feveral  Perfons,  who  built  thereon,  and  have  made  a  confiderable 
Improvement;  and  he  Refidue  of  the  faid  Four  Hundred  and  Twenty  Acres  was 
referved  for  a  Tow.  i  Common : 

II.  AND  whereas  feveral  of  the  faid  Afts  have  been  fmce  repealed,  expired, 
or  ftand  fufpended,  whereby  many  Inconveniencies  and  Mifchiefs  may  arife,  the 
Improvement  and  Building  of  the  faid  Town  very  much  retarded,  the  Power  of 

the 


104  LAWS    o/'    North-Carolina. 

f_  ^  1'^'^  tl^e  Commiffioners  and  Truftees  become  dubious,  and  the  f'erfons  Titles  to  fuch 
Lots  precarious :  For  Remedy  whereof,  and  to  prevent  Difputes  that  may  hap- 
pen, and  tor  the  better  fecuring  the  ancient  Privileges  of  the  faid  Town-lhip,  and 
Regulation  thereof ; 

tyni^TEd^Iton  ^^^'  ^^  P^'^^"  ^^^^  '^^  ^^^  ^^  Enaded,  And  be  it  Ena^ed,  by  his  Excellency 
confirmtM,  anrt  Gabriel  Johnfton,  Efq;  Govcrnory  by  and  with  the  Advice  and  ConferJ  of  his  Ma- 
m'ffioJ"  ^'""'  ^^-f^y^  Council,  and  General  AJfembly  of  this  Province,  and  by  the  Authority  of  the  fame^ 
That  the  faid  Four  Hundred  and  Twenty  Acres,  fo  purchafed  and  laid  out  tor  the 
faid  Town  of  Edenton,  purfuant  to  the  faid  Ads  of  AlTembly,  and  veiled  in 
CommiiTioners  or  Truftees,  according  to  the  faid  feveral  Afts,  fuch  Commiffion- 
ers or  Truftees  fo  invefted,  are  hereby  declared  to  have  had  a  good,  abfolute,  and 
indefeafible  Eftate,  in  Fee,  in  fuch  Lands  refpedtively,  in  Truft  and  Confidence, 
to  and  for  the  Ufes  in  the  faid  feveral  A6ls  -,  and  the  Commiffioners  and  Truftees 
hereafter  mentioned,  are  hereby  declared  to  have  a  good,  abfolute,  and  indefeafi- 
ble Eftate,  in  Fee,  in  all  fuch  Lands  and  Lots  which  have  not  been  difpofed  of 
by  the  former  Commiffioners  or  Truftees,  but  in  Truft  and  Confidence,  to  and 
for  the  Ufe  and  Ufes  herein  after  mentioned  relating  to  the  faid  Town  of  Eden- 
ton,  and  for  no  other  Ufe  or  Furpofe  whatfoevcr ;  and  the  faid  Lands  and  Lots 
are  hereby  Confirmed  to  the  faid  Commiffioners  or  Truftees,  in  Fee,  to  fuch 
Ufe  or  Ufes :  Any  Thing  in  the  Repealing,  Expiring,  Sufpenfion  of  any  of  the 
faid  A6ts,  or  any  other  Law,  Statute,  Ufage,  or  Cuftom,  to  the  contrary*  not- 
withftanding. 

Titles  of  fuch  «t  IV.  AND  be  it  further  EnaSfed,  by  the  Authority  aforefaid,  Thzt  If  zny  Fer- 
lou/TtLti'  ^°^  °^  Perfons  have  purchafed  and  paid  for  any  Lot  or  Lots,  Half  Acre  or  Half 
good.  Acres  of  Land  in  the  faid  Town  of  Edcnton,  of  any  of  the  Comm.iffioners  or 

Truftees,  purfuant  to  the  faid  feveral  Afts,  and  have,  fully  complied  with  the 
Conditions  in  the  faid  feveral  A(5ts  mentiond,  fuch  Perfon  or  Perfons  are  hereby 
declared  to  be  invefted  with,  and  to  have  a  good,  abfolute,  and  indefeafible  E- 
ftate,  in  Fee,  to  fuch  Lot  or  Lots,  Half  Acre  or  Half  Acres  of  Land  ;  and  the  fame 
is  hereby  confirmed,  in  Fee,  to  fuch  Perfon  or  Perfons,  and  to  his,  her,  and 
their  Heirs  and  Affigns,  for  ever. 

«o«miflioner»  V.  A  N  D  be  it  further  EnaEled,  by  the  Authority  afcrefaid.  That  the  Honourable 
.ppainted.  r^ilUam  Smith  Efq-,  John  Hodgfon  Efq-,  Abraham  Blackhall,  Jofeph  Anderfon,  and 

fames  Craven,  Gentlemen,  are  hereby  appointed  Commiffioners  or  Truftees,  to 
and  for  the  feveral  Ufes  and  Purpofes  declared  by  this  Aft,  and  impowered  and  in- 
vefted with  all  the  Privileges  hereinafter  exprelTed,  for  ever. 

S'c'on.mfiw  ^^'  AND  that  the  full  Number  of  Commiffioners  may  be  always  kept  up, 
ers.  Survivors  to  Be  it  further  Enabled,  by  the  Authority  aforefaid.  That  in  Cafe  of  Death,  or  Remo- 
appoint  othen.  ^^j  ^^^  ^^  ^^  County  of  Choivan,  of  any  of  the  aforefaid  Commiffioners  or  Truftees, 
at  any  Time  hereafter,  the  remaining  Part  of  the  faid  Commiffioners  or  Truftees,  are 
hereby  authorized  and  and  impowered  to  make  Choice  of  fome  other  Perfon  or 
Perfons,  being  Freeholders  of  the  faid  Town,  to  fucceed  fuch  Commiffioner  or 
Commiflioners,  Truftee  or  Truftees,  fo  dying  or  removing  as  aforefaid  ;  and  ftich 
Perfon  or  Perfons  lo  elefted  or  chofen,  are  hereby  invefted  with  as  full  Power  and 
Authority,  to  all  Intents  and  Purpofes  whatfoever,  as  the  aforefaid  Commiffioners 
or  Truftees  now  nominated  or  appointed. 

Treafurer  »p.         VII.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  John  Uodg- 

foisted.  j^^^  £^^^  Q^^  ^j-  ^^  Commiffiioners  or  Truftees  aforefaid,  ffiall  be  appointed  prc- 

fent  Treafurer  and  Receiver  of  all  Monies  arifing  by  Virtue  of  this  Aft  ;  and  on 

his  Death  or  Removal  out  of  the  County  of  Chowan,  then  the  Fi^-ft  Commiffioner 

ihaU 


L  A  JV  S    o/'    North-Carolina.  105 

-fiiall  fucceed  and  be  Treafurer,  firft  giving  fufficient  Security,  to  the  Juftices  of    ^  ^-  i74o- 
the  County  Court  of  Chowan^  for  the  juil  ir'erformance   of  the  faid  Truft.  ^-"^ 

.    VIII.  AND  be  it  further  Efiacted,  by  the  Authority  aforefaid^  That  the  Lots  of  Lots  w  be  dir- 
Half  an  Acre  each,  or  thereabouts,  not  taken  up  and  difpofed  of,  be  difpofed  of  P' "^^  "f- 
by  the  Comiflioners  or  Truflees  aforefaid,  as  hereafter  in  this  A<51  is  directed.    . 

IX.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Place  al-  streets  and  Pub. 
ready  laid  out,  as  by  the  Flan  of  the  faid  Town  may  more  fully  appear,  for  Streets,  ^'^=  p^^'«  referv- 
Pafliiges,  Church,  Governor's  Houfc,  Court-houfe,  Burying-place,  Market-place, 

Prifon,  Council  Room,  and  Town  Common,  be  referved  forthofe  Ufes,  and  no 
other. 

X.  A  N  D  be  it  further  Ena5ied,  by  the  Authority  aforefaid^  That  every  Perfon  commffionersto. 
whatfoever  who  is  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  free  ^0".%^^^.'  ^^' 
Liberty  to  take  up  any  Lot  or  Lots,  already  laid  out  and  not  before  taken  up  ;  which 

Lot  or  Lots  the  Commiflioners  or  Truflees  aforefaid,  or  any  Three  of  them,  where- 
of the  Treafurer  to  be  One,  are  hereby  required,  directed,  and  impowered,  to 
grant,  convey,  and  acknowledge,  to  the  Perfon  or  Perfons  fo  taking  up  the  fame, 
and  to  his  and  their  Heirs  and  Afligns,  for  ever,  in  Fee-Simple,  for  the  Confi- 
dcration  of  Ten  Shillings  Proclamation  Money,  for  each  and  every  Lot  by  them 
fo  granted ;  which  Ihall  be  appropriated  as  by  this  Ad;  hereafter  is  dredted, 

XI.  P  ROV  ID  ED  always.  That  if  any.  Perfon  or  Perfons  whatfoever,  fhall  Crahtce  not 
take  up  and  purchafe  any  Lot  or  Lots,  as  in  Manner  before  direded,  and  fhall  yj^rs"^  ConvT* 
not  build,  or  caufe  to  be  built  thereon,  tor  each  and  every  Lot  or  Lots  fo  taken  up  ance  to  be"  ^oi>i] 
and  purchafed,  within  Two  Years  after  the  Date  of  the  faid  Conveyance,  a  good, 
fubflantial.  Brick,  Stone,  or  framed  habitable  Houfe,  not  of  lefs  Dimenfions  than 

Twenty  Feet  long.  Fifteen  Feet  in  Wedth,  and  Eight  Feet  in  Height,  be- 
tween the  firfl  Floor  and  the  Joifls,  or  in  Proportion  for  each  and  every  Lot  or 
Lots,  or  make  fuch  Preparation  for  fo  doing  as  the  Commiflioners,  or  the  Majo- 
rity of  them,  fhall  judge  reafonable  to  fecure  the  flime,  every  fuch  Conveyance 
Ihall  be,  and  is  hereby  declared  void  and  of  none  Effe<5t,  as  if  the  fame  had  ne- 
ver been  made ;  and  that  the  fame  Lots  be  free  and  clear  for  any  other  Perfon  to 
take  up  and  purchafe,  as  in  Manner  before  direded. 

XII.  A N D  be  it  further  Ena^ed,    by  the  Authority  aforefaid.  That  it  fhall  and  Owners  of  Front 
may  be  lawful  for  any  Perfon,  who  is  Owner  of  a  Front  Lot  or  Lots,  to  ered  or  wharC»"f."«n 
build  a  Warehoufe,  Store-houfe,  Wharfs,  or  other  Conveniencies,  for  their  Land-  p^yu^g  5  s. 
ing  and  Storing  of  Goods,  on  any   Part  of  the  Land  fronting  their  own  Lot  or 

Lots,  and  as  flir  out  into  the  Water  as  he  or  they    fhall  think  proper,  not  going 

further  than  the  Edge  of  the  Channel,  paying  for  the  fame,  to  the  aforefaid  Com- 

mifTioners  or  Truflees,  for  each  and  every  Front  Lot,  Five  Shillings  Proclamation 

Money ;  to  be  appropriated  as  by  this  Aft  is  hereafer  direfted ;  which  Commif- 

fioners  or  Truflees  are  hereby  impowered   to  make  him,    her,  or  them.   Grants 

or  Conveyances,  in  Fee-fimple,  for  the  fame  :  And  in  Cafe  the  Owner  or  Proprie-  ^*"". .""  '*''- 

tor  of  any  Front  Lot  or  Lots  fhall  not,  within  Six  Months  after  Notice  given  by  «idTecu!ingThe 

any  Perfon,  purchafe  or  take  up  his  or  her   Front,    and  likewife  fhall  not,  with-  ^^dTin^y"* 

in  Two  Years  after  the  Purchafe  thereof,  fecure  the  Front  Street  Fifty  Feet  from  any  other  Pe"on 

the  Waters  Encroachments,  that  it  fhall  and  may  be  lawful  for  any  Perfon  to  take  IJV'''^u^'^LT^•''* 

,_  ,,,..  .■',  '  iVlontn*  Notice, 

up  the  fame,  under  the  Conditions  aforementioned. 

XIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  perfon.  not  tu 
fon,  after  the  Firfl  Day  of  May  next,  fhall  ered,  repair,  or  caufe  to  be  eredled  or  ^^^j^"'  J^f^'' 
repaired,  any  Wooden  Chimney  within  the  faid  Town,  fuch  Perfon  fo  offending,  nies,  on  Penalty 
Ihall  forfeit  and  pay,  for  each  and  every  Offence,  the  Sum  of  Ten  Pounds  Procla-  "^  *°^' 

,  D  d  mation 


io6  L  A  IV^  S    (?/'    North-Carolina. 

A.  D.  1740.    mation  Money  •,  to  be  recoveved  and  appropriated  as  hereafter  by  this  A6t  is  di- 
' V '  reded. 

UyTTtT/the       ^'^^'  AND  be  hfurthe'r'  Enacted^,  by  the  Authority  aforefaidy  That  the  Com- 
L  tj,  to  r.ifc:  a  miflioners  or  Truftees  aforeiiiid,  or  any  Three  of  them,  fhall,  within  Six  Months 
TTwn/°"and'''^  aitsr  the  Ratification  of  this  Ad,  meet  and  lay  a  Tax  on  each  and  every  Perfon, 
Commcn.       '   according  to  the  Number  of  his  or  her  Lot  or  Lots,  Half  Acre  or  Half  Acres  of 
Land,  by  him  or  them  held  within  the  faid  Town,  (  Fronts  excepted  )  fufficient  to 
raife  a  Fence  round  the  faid  Town,   and  Town  Common,  as  the  Commiffioners  or 
Truftees  aforefaid,  or  any  Three  of  them,  fhail  think  fufficient,  fo  as  the  faid  Fence 
be  compleated  within  Eighteen  Momlis  alter  the  Ratification  of  this  Aft;  under 
the   Penalty  of  Five  Pounds  Proclamation  Monty,  on  each  and  every  Commilli- 
Perfons  refufmg  cxner :  And  ia  Cafe  any  Perfon  or  Perons  fhall  neglcft  or  refufe  to  pay,  on  De- 
sV'e*/'"*"'^"'  mand,  his  or  her  Tax  fo  laid  by  the  aforefaid  Com  miflioners  or  Truftees,  by  Vir- 
tue of  this  Aft,   fuch  Perfon  or  Perfocu-  fo  offending,  fhall  forfeit  and  pay  the  Sum 
of  Two  Shillings  and  Six  Peace  Proclamation  Money,  over  and  above  the  faid 
Tax,  for  each  and  every  Lot  he  or  Ihe  hath  a  Conveyance  for  \  to  be  recovered 
and  appropriated  as  liereafter  in  this  Aft  is  direfted. 

Perfoni  pulling        XV.  AND  he  tt  further  EnaSfed^  by  the  Authority  aforefaid  Thzx.  if  any  evil- 
Sr*rivtn'gH"gs.'  winded  PerfoH  fliall,  in  the  Night,  or  at  any  lime  or  Times  whatfoever,  pull 
Me.  wiciia  itj  down  the  faid  Town  F!ence,  or  any  Part  thereof,  in  Order  to  let  in  any  Perfons 
to  forfeit  ici.      Yicz%  Cattle,  or  Horfcs,  within  the   faid    Town  Inclofure,  or  ft^all  otherwife 
drive  Pigs,  Cattle,  or  Horf.s,  into,  or  out  of  the  faid  Town,  fuch  Perfon  fo  of- 
fending, fhall  forfeit  and  pay,  for  each  and  every  Offence,  the  Sum  of  Ten  Pounds 
Proclamation  Money  •■,  to  be  recovered  and  appropriated  as  by  this  Aft  is  hereafter 
direfted.  '  : 

'  T  5 «» be  I  fl  XVL  AND  be  it  further  Enact  ed,  by  the  Authority  aforefaid^  That  each  and  every 
e.i  in  J  MoR-hs'  Perfon  or  Perfons,  pofTefred  of  any  Lot  or  Lots  in  the  faid  Town,  or  hereafter 
«Par.^ityof:t.  ^j^jj  ^^  pofTcfTed,  and  not  yet  clear .-d,  fhall,  in  the  Space  of  Three  Months  after 
the  pafTmg  of  this  Aft,  or  within  Three  Months  after  he,  fhe,  or  they,  fhall  have 
purchafed  any  Lot  or  Lots,  cut  down  all  the  Wood  and  Brufh-wood  in  the  fame, 
and,  once  in  each  Year,  do  the  like ;  and  in  Cafe  of  Negleft  or  Refufal  of  any  Pof- 
fefTor  or  PofTeficrs  of  a  Lot  or  Lots  to  perform  the  fame,  in  Manner  aforefaid, 
fuch  PofTeffor  fhall  forfeit  and  pay,  for  each  and  every  Ofifence,  the  Sum  of  Five 
ShilUngs  Proclamation  Money,  for  each  and  every  Lot  he,  fhe,  or  they,  fhall  have 
i.  Conveyance  for  i  to  be  recovered  and  appropriated  as  in  this  Aft  is  hereafter  di- 
refted. 

Keg.,  SHoat.,  «r  XVIT.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  from  and 
poundedT*  fold  after  the  Time  the  aforefaid  Fence  fliall  be  compleated,  it  fhall  and  may  be  law- 
for  th-  Puor  of  jTyj  fQj.  ^j^y  Perfon  to  take  up  and  pound  any  Hog,  Shoat,  or  Pig,  that  fhall  be 
found  ranging  at  Large  in  the  faid  Town,  fo  long  as  the  faid  Fence  fhall  be  kept 
in  good  Repair:  And  fuch  Hogs,  Shoats,  or  Pigs,  fo  taken  up  and  pounded, 
fhall  be  Sold  at  Vandue,  and  the  Money  arifing  by  fuch  Sale,  given  to  the  Poor 
refiding  in  the  faid  Town,  by  the  Commiflloners  or  Truftees  aforefaid :  And  for 
preventing  Annoyances  and  Nufances  in  the  faid  Town, 

PcrfoBi   hyinj        XVIII.  B  E  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  any  Perfon  or 
Sc"rcetf  ^c  '"'o  -Perfons  fhall  throw  out,  or  lay  in  any  Street,  or  upon  any  Public  Place  in  t\%  faid 
fethit'iti!'   "  Town,  any  Dirt,  Rubbifh,  Duft',  or  Mortar,  except  fuch  Perfon  or  Perfons  wh^  arc 
building  or  repairing  a  Houfe  or  Houfes  in  the  faid  Town,  during  the  Time  they 
are  building  or  repairing  fuch  Houfe  or  Houfes,  fuch  Perfon  or  Perfons  fo  of- 
fending, fhill  forfeit  and  pay,  to  the  aforefaid  Com  miflioners  or  Truftees,  for  each 
and  every  Offence,  the  Sum  gf  Tea  Shillings  Proclamation  Money  j  to  be  reco- 
vered 


L  A  IV  S    of    Nor  T  K-  C  a  r  o  l  i  n  a.  1 07 

yered  and  appropiated  as  in  cb.is  Act  is  her^-afiier  directed  :  And  if  any  fuch  Offence    ^  ^-  '74o- 
is  committed   by  any  Servant  or  Slave,  luch  Servant  or  Slave  fhall  be  punilhed  il^^TbTTs^r- 
by  Whipping,  not  exceeding  Thirty  Lailies,  at  the  Direftion  of  any  Tliree  of  the  v^nt  or  si»ve,  h= 
.Commiaioners.  fli.ii  be  wh^pp.d- 

XIX.  AND  be  it  further  Enacted^  by  the  Authcrity  afcrsfaidy  That  as  often  as  Maic  Tithabies 
the  Overfeer  of  thefuid  ToWrl  fliall  fummon  the  Male  Tithables  th-redf  to  work  on  sueastR^d., 
the  Roads  or  Streets,  he  fhali  have  full  Power  to  direct  the  faid  Tithables  to  clear  "''i*'-n''ity  of «b! 
the  Roads,    Streets,    and    Public   i'laces,  of  all  Woods,  Weeds,  Rubbilh,  and 

other  Nufances ;  and  if  any  Perfon  fhall  refufe  to  obferve  the  Overfeers  Direftions 
therein,  he  fhall  forfeit  and  pay,  tor  each  and  every  Cfitnce,  the  Sum  of  Ten  Shil- 
lings Proclamation  Money-,  to  be  recovered  and  appropriated  as  hereinafter  is  di- 
rected i  and  if  the  Perfon  refufing  be  a  Servant  or  Slave,  the  Mafter  or  Miitrefs  of  ^*."""  ''^''i^  f°f 
fuch  Servant  or  Slave  is  hereby  made  liable  to  pay  the  fame.  suTts/"'""" 

XX.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Com-  streeH  andPaf, 
miflioners  or  Trufees  ihall  lay  out,  or  caufe  to  be  laid  out,  within  Six  Months  ^'^11]  wi,h;n'f!x 
next  following  the  Ratilication  of  this  Adt,  the  feveral  Streets  and  PalTages  of  the  Months,  ace  rd. 
faid  Town,  as  defcnbed  in  the  Plan  thereof,  and  fhall  fix  and  put  up  good  Pofts  '"^ '" '^' '''*'*' 
to  afcertain  the  Bounds  of  the  fevcial  Streets  of  the  faid  Town-,  and  for  the  Ex- 
pence  and  Troubk  of  the  faid  Commi/Iioners  or  Truftees  in  the  St-rvice  aforefaid, 

they  fliall  be  paid  out  of  the  Fines  and  Forfciturt;s  arifing  by  Virtue  of  this  Ad. 

XXI.  A  NT)  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Right  Freeholders  to 
and  Privilege  of  Electing  a  Reprefmtative  for  the  faid  Town"  of  Edenton,  to  fit  in  '''^  *  ^"^'^*' 
General  Alfembly,  be,  and  is  hereby  confirmed ;  and  that  the  Freeholders  of  the 

faid  Town  fhall,  for  ever,  have  Liberty,  at  all  Times  hereafter,  to  elect  and 
choofe  a  Member  to  fit  in  General  Afil-mbly  ;  and  a  Writ  of  Election  fhall  ilTue, 
to  the  Inhabitants  of  the  faid  1  own,  to  choofe  a  Member  to  reprefent  them  in  the 
faid  Affcmbly,  at  fuch  Times,  and  in  the  fame  Manner,  as  the  faid  Writs  are 
iflbed  for  choofing  Reprefentatives  for  the  feveral  Counties  in  this  Province,  to 
fit  in  General  Alfembly. 

XXII.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid,'' Thzt  no  Per-  Burgefi  for  tbe 
fon,  for^the  future,  fliall  be  deemed  or  taken  to  be  qualified  for  a  Reprefentativc  'nZ^flDlfut 
for  the  faid  Town,  except  he  has  been  Owner  of  one  laved  Lot  in  his  own  Right,  « i"ft » Y*". 
in  the  faid  Town,  at  leait  One  Year  before  he  is  chofen ;  any  Thing  in  any  A(^ 

to  the  contrary,  notivitlaftanding. 

XXIII  AND  he  it  further  Enacted,  hy  the  Authority  aforefaidy  That  no  Perfon  ^°'"'  '»  •>« 
fhall  be  deemed  or  taken  to  be  qualified  to  give  his  Vote  for  a  Reprcfentative  eMomh!.'  ^'* 
for  the  faid  Town,  to  fit  in  General  AiTemply,  except  he  has  been  Owner  of  One 
faved  Lot  at  kaft  Six  Months  before  fuch  Eledion. 

XXIV.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Trea-  Treafurertokee^ 
furer  of  the  faid  Town,  from  and  after  the  Ratification  of  this  Ad,  fliall  be  oblig-  Pi'n°?„"'thr* 
cd  to  keep  his  Oflice,  and  a  Plan  of  the  Town,  in  the  faid  Town,  under  the  Pe-  ^own,  on  p.. 
aalty  of  One  Pound  Proclamation  Money,  for  each  and  every  Month  that  he  fliall  Momh!"'"'" 
negledtor  refufe  to  do  thv  fame;  to  be  recovered  and  appropriated  as  by  this  Ad 

is  hereafter  direded. 

XXV.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Fines  aii  Fine,  not  ex. 
and  Forfeitures  in  this  Ad  mentioned,  not  exceeding  twenty  Shillings  Proclama-  rrccov.*red  b/» 
tion  Money,  fliaJl  be  recovered,  by  a  Warrant  from  under  the  Hands  and  Seals  "^ZTJZTJ 
of  any  Three  of  the  aforefaid  CommifTipners  Vr  Truftees;  and  all  Fines  above  anrau  abovr? ,« 
Twenty  Shillings  Proclamation  Monev,  fhall  be  recovered,  in  any  Court  of  Record  ^^J^^""*"^*'' 


in 


io8  L  A   IV  S    of    N  o  RT  H -Caro  L  I  N  A. 


in  this  Province,  by  Adion  of  Debt,  Bill»  Plaint,  or  Information  -,  wherein  no 
Eflbign,  Injundion,  or  Wager  of  Law,  Ihall  be  allowed  or  admitted  of;  any 
Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding :  Which  Fines  and 
Forfeitures  may  be  difcharged  in  Commodities,  as  rated  in  an  Aft,  intituled,  yin 
Act^  for  the  finifhing  the  Church  at  Edenton. 

Momeisrifing'oy  XXVI.  AN  t)  be  it  further  Enact  edy  by  the  Authority  aforefaidy  That  all  the 
Kne.°^i^l''  *  Money  arifing  by  the  Sale  of  Lots  in  the  faid  Town,  as  alfb  all  fines  and  Forfei- 
out  by  the  Com.  turcs  in  this  A6t  mentioned,  aftex  the  Commiflioners  or  Truftees  reafonable  Charg- 
E'loiu"!"'  ^"'^  ^^  ^■^'^  Expences  for  their  feveral  Services  are  deducted,  fhall  be  appropriated, 
of  the  Town,     laid  out,  and  applied,  to  fuch  Ufe  or  Ufes  as  the  Commiflioners  or  Truftees,  or 

any  Three  of  them,  Ihall  think  convenient,  for  the  better  Encouragement  of  the 

faid  Town. 

Rf  cjiin  ciaufe  XXVII.  A  N  D 'be  it  further  Enacted,  by  the  Authority  aforefaid.  That  an  Aft, 
paffed  in  the  Year  One  Thoufand  Seven  Hundred  and  Thirty  Eight,  intitu- 
led. An  rkty  for  Encouragement  and  better  Regulation  of  the  I'own  of  Edenton, 
and  every  Claufe,  Matter,  and  Thing  therein  contained,  fhall  be,  and  is  hereby 
Repealed  and  made  null  and  void,  to  all  Intents  and  Purpofes  whatfoever. 


FrJTite. 


CHAP.     II. 

An  AB^  to  enable  the  CommiJJloners  herein  after  appointed,  to  eredi  and 
finijh  a  Church  in  Newbern,  in  Craven  County  and  Pari/h^  in  the  Pro- 
vinve  afore  faid,  and  for  the  better  Regulating  the  faid  Toivn ;  and  other 
Purpofes  therein  mentioned, 

L  -r  "T  T  H  E  R  E  A  S  the  late  Veftry  of  Graven  Parilh,  in  the  Year  One 
Yy  Thoufand  Seven  Hundred  and  Thirty  Nine,  laid  a  Levy  on  all  and 
every  the  Tithables  in  the  faid  Farifh,  for  and  towards  the  building  a  Church  in 
the  Town  of  Newbern^  in  the  aforefaid  Pariih,  and  appointed  Commiflioners  to 
manage  and  carry  on  the  fame,  and  to  apply  the  faid  Levy  to  the  Purpofe  afore- 
faid -,  which  Commiflioners  have  made  One  Hundred  Thoufand  Bricks,  and  have 
been  at  other  Expences  towards  building  the  faid  Church,  but  the  faid  Levy  not 
amounting  to  a  fuffiicient  Sum  to  compleat  the  fame,  and  the  prefent  Veftry  neg- 
leding  to  lay  a  further  Levy  on  the  Tithable  Inhabitants  of  the  faid  Pariih,  for 
the  finifliing  of  the  faid  Church  •■, 

11.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Ena^ed,  by  his  Excellency  Ga- 
briel Johnfton,  Efq ;  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majejiy*s 
Council^  and  General  Affembly  of  this  Province^  and  it  is  hereby  EnaEfed^  by  the  Au- 
thority of  the  fame.  That  a  Tax  of  One  Shilling  and  fix  Pence  Proclamation  Mo- 
ney, for  Two  Years,  next  enfuing  the  Ratification  of  this  A6t,  be  laid,  and  it  is 
hereby  laid,  on  each  and  every  Tithable  Perfon  within  the  faid  Pariih  of  Graven^ 
to  defray  the  Expence  and  Charge  of  building  and  compleating  the  faid  Church, 
to  be  paid  Yearly,  in  fuch  Commodities  as  are  hereafter  rated,  viz.  Pork,  good 
and  merchantable,  dry  falted,  pr  Barrel,  Thirty  Shillings  Proclamation  Money, 
Beef,  dry  falted,  -per  Barrel,  good  and  merchantable.  Twenty  Shillings,  drtft  Deer 
Skins,  Two  Shillings  and  Six  Pence  ;)5r  Pound,  Tallow,  Four  Pence  ^<fr  Pound, 
Bees  Wax,  Ten  Pence  Hal^Penny^fr  Pound,  Rice  p^r  Hundred,  Ten  Shillings  ; 
to  be  paid  at  fuch  Times  and  Places  as  are  direded  for  the  Receipt  of  his  Ma- 
jefty's  Quit-Rents,  in  and  by  an  Adt,  intituled.  An  A£i,  for  providing  his  Ma- 
jefiy  a  Rent-Roll,  for  fecuring  bis  Majefifs  ^dt-Rents,  for  the  Remiffion  of  Ar- 
rears 


LAWS    o/'    North-Carolina.  109 

rears  of  ^lit-RentSy  dndfor  quktir.g  the  Inhabitants  in  their  Pcffeffwns ;  which  faid  f-  ^  ^^"^ 
Tax  (hall  be  Annually  colledted  and  received  by  John  Bryan,  Gentleman,  he  firft 
giving  Security,  in  the  Sum  of  Four  Hundred  ±-ounds.  Proclamation  Money,  to 
the  Juftices  of  the  County  Court  of  Craven,  for  the  faithful  Difcharge  and  Pay- 
ment of  the  fame,  who  Ihall  be  allowed  Four  per  Ceht.  for  attending,  receiving, 
and  paying  thereof  •,  and  that  upon  Receipt  of  any  Commodity  or  Commodities, 
Sum  or  Sums  of  Money,  for  the  Uft  aforcfaid,  the  fame  Ihali  be  by  him  paid  to 
the  Commiflioners,  or  the  Majority  of  them,  or  their  Order,  for  the  Ufe  aforefaid. 

III.  yf  ND  he  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  each  Inhabi- 
tant in  the  faid  Parilli,  who  fhall  not  pay,  or  caufe  to  be  paid,  the  Tax  herein  be- 
fore mentioned,  at  the  Times  and  Places  atorefaid,  to  the  faid  John  Bryaii,  as  in 
and  by  this  A6t  is  direfted,  fuch  Perfon  or  Perfons  fo  failing,  fliall,  for  each  De- 
fault, forfeit  and  pay  the  Sum  of  Four  Shillings,  Proclamation  Money,  for  each 
-Tithable  for  which  he  ought  to  have  paid  the  faid  Tax,  befides  Cofts-,  to  be 
levied,  hy  a  Warrant  from  under  the  Hand  and  Seal  of  one  or  more  Juftices  of  the 
Peace  of  the  County   aforefaid,  upon  the  Goods  and  Chatties  of  the  Delinquent : 

■Which  Forfeiture  or  Forfeitures  fhall  be  paid  to  the  Lid  John  Bryan,  or  any  o- 
ther  Perfon  appointed  by  the  faid  Commiflioners  or  the  major  Part  of  them,  and 
by  them  applied  towards  the  building  ot  the  faid  Church. 

IV.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  George  Ro- 
bert^ Wilham.  Wtlfon,  George  Bold,  William  Herritage,  and  Adam  Moor,  Gentle- 
men, are  hereby  appointed  Commiflioners  to  receive  the  faid  Levies  from  the  faid 
fohn  Bryan,  when  by  him  received  and  colledired,  and  to  cohtra6t  and  agree  with 
fit  and  proper  Perfons  for  the  building  and  compleating  the  faid  Church,  in  a  neat 
and  Workman-like  Manner:  And  the  faid  John  Bryan  fliall,  and  is  hereby  di- 
re6led,  to  account  with  the  Commiflioners  atortfaid,  when  required,  for  thefeve- 
ral  Commodities  and  Sums  by  him  coUedted  and  received,  in  Manner  aforelaid. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  any  Perfon 
or  Perfons  who  fhall  ftibfcribe  any  Sum  or  Sums  of  Money,  for  and  towards  the 
building  of  the  aforefaid  Church,  and  Ihall  afterwards  refufe  Payment  of  the  faid 
Sum  or  Sums  mentioned  to  be  paid  by  fuch  Subfcription,  fuch  Perfon  or  Perfons 
fhall  be  liable  for  the  fame,  and  the  Commiflioners  or  the  major  Part  of  them,  for 
the  Time  being,  are  hereby  authorized  to  fue  for  the  fame,  in  the  fame  Manner 
as  any  Perfon  may  be  fued,  for  Non-payment  of  Money  due  by  a  Promifory  Note. 

VI.  AND  whereas  the  late  Veftry  of  Cra^oen  Parilh  laid  a  Levy,  in  the  Year 
One  Thoufand  Seven  Hundred  and  Thirty  Nine,  on  all  the  Tithables  in  the  faid 
Parifh,  towards  building  and  compleating  the  faid  Church;  which  faid  Levy  is 
found  infufficient  to  carry  on  and  compleat  the  faid  Work,  a  confiderable  Part 
thereof  is  yet  unpaid  and  uncollected : 

VII.  B  E  it  therefore  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  fe- 
veral  Perfons  who  have  not  already  paid  the  faid  Tax  or  Levy,  are  hereby  com- 
manded and  required  to  pay  the  faid  Levy  in  current  Bills,  as  laid  by  the  faid  Vef- 
try, in  the  fame  Manner,  and  at  the  fame  Times  and  Places,  and  to  the  fame 
Perfon  as  before  mentioned,  and  under  the  fame  Penalties  as  in  and  by  this  Adl  is 
before  direfted. 

VIII.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  all  Perfons 
who  have  been  heretofore  Churchwardens,  or  that  now  are  Churchwardens,  or 
that  have  heretofore  been  Commiflioners,  and  all  Perfons  whatfoever  who  have 
any  Parifh  Money  in  their  Hands  for  the  Ufe  aforefaid,  do  forthwith,  after  the 
Ratificdtion  of  this  Aft,  account  with  the  Commiflioners  aforefaid,  or  the  Majo- 

E  e  rity 


jio  LAWS    (j/'North-Carolina. 

AD.  1740.  rityofthem,  and  pay  to  them,  or  their  Order,  on  Demand,  all  and  every  fuch 
Sum  or  Sums  of  Money  that  fhall  appear  to  be  due,  owing,  and  in  Arrear,  un- 
der the  Penalty  of  Ten  Pounds  Proclamation  Money,  over  and  above  the  Sum 
due,  owing,  and  in  Arrear,  to  the  Pari(h  aforefaid ;  to  be^recovered,  by  Adion  of 
Debt,  Bill,  Plaint,  or  information,  in  the  General  or  County  Court. 

IX.  AND  he  it  further  Enci£led^  by  the  Authority  aforefaid^  That  on  the  Death 
or  Removal  out  of  the  County  aforefaid  of  any  of  the  aforefaid  Commiflioners, 
the  Majority  of  the  faid  Conmmiflioners  are  hereby  authorized  and  impowcred  to 
appoint  a  proper  Perfon  or  Perfons,  who  fhall  be  deemd  duly  qualified  to  a6t  in 
his  or  their  Room  and  Stead. 

X.  A  N  D  whereas  there  hath  been  great  Differences  and  Difputes  about  the 
Bounds  and  Limits  of  the  faid  Town  oi  Newbern,  which  hereafter  may  be  of  per- 
nicious Confequence  to  the  Freeholders  of  the  faid  Town,  as  weli  as  a  Difcou- 
ragement  for  others  to  fettle  therein  : 

XI.  B  E  it  therefore  further  Enabled,  by  the  Authority  aforefaid,  That  the  Juf- 
tices  of  the  Court  of  Graven  County,  at  the  Court  to  be  held  lor  the  faid  County 
next  after  the  Ratification  of  this  A6t,  or  at  any  other  fubftquent  Court,  fhall,  and 
they  are  hereby  required  to  appoint  a  Day,  whereon  the  Freeholders  of  the  faid 
Town  fhall  meet,  at  the  Court- houfe  in  the  faid  Town,  and  whereof  the  faid 
Freeholders  fhall  have  Notice,  and  with  a  fworn  Surveyor  for  that  iurpofe,  by 
the  faid  Court  appointed,  fhall  admeafure  and  lay  out  the  Meters  and  Bounds  of 
the  faid  Tov/n,  purfuant  to  an  Ad  of  the  General  AlTtmbly  of  this  Province, 
intituled,  An  A51,  for  the  better  fettling  the  I'own  of  Newbern,  in  the  Precin5f  of 
Craven  j  and  fhall  lay  out  the  Streets,  and  affix  Marks  at  the  Corners  of  each 
and  every  Lot  already  taken  up  and  faved,  at  the  joint  Coft  and  Charge  of  the 
Freeholders  of  the  faid  Town ;  which  Charge  fhall  be  affefTed  by  the  irrefident 
or  Chairman  of  the  faid  Court,  with  two  other  of  the  Juftices  of  the  Peace  of  the 
faid  County,  and  Two  Freeholders,  to  be  appointed  by  the  Court  next  fucceed- 
ing  fuch  Admeafurement,  laying  out,  and  marking  of  the  faid  Streets  and  Lots, 
or  any  other  fubfequent  Court,  and  fl:iall  be  paid  by  the  Freeholders  of  the  faid 
Town  refpedlively,  in  Proportion  to  the  Number  of  the  faved  Lots  that  he,  fhe, 
or  they,  fhall  hold  in  the  fliid  Town,  to  the  faid  Juflices,  to  defray  the  faid 
Charge  of  admeafuring,  laying  out,  and  marking,  as  aforefaid  :  And  on  Default 
or  Non-Payment  of  their  refpedtive  Proportions  of  the  Charge  fo  affefTed,  within 
Ten  Days  after  fuch  AfTefTment  and  Demand  of  the  fame,  the  faid  AfTefTment 
fhall  be  levied,  by  a  Warrant  from  any  one  Juftice  for  the  faid  County,  upon 
the  Goods  and  Chatties  of  fuch  Delinquent  or  Delinquents,  and  fold  at  Vandue, 
Five  Days  after  fuch  Diftrefs,  rendring  the  Overplus,  if  any.  Charges  firft  de- 
duded,  to  the  Owner. 

XII.  AND  whereas  in  and  by  the  aforefaid'  Aft  of  AfTembly,  there  was  a 
Lot  laid  out  in  the  faid  Town  for  a  Church,  which  faid  Lot  being  infuffici- 
ent,  and  not  fo  commodious  for  the  faid  Ufe,  and  all  the  adjacent  Lots  being 
taken  up  and  faved,  wherefore  the  faid  Vefiry  have  taken  up  Four  Lots, 
more  convenient  and  commodious,  for  ereding  a  Church,  and  for  a  Church-yard» 
and  other  Parifh  Ufes: 

XIII.  B  E  it  therefore  EnaEled,  by  the  Authority  aforefaid.  That  as  foon  as  the 
faid  Church  fhall  be  fit  to  celebrate  Divine  Service  in,  the  faid  Four  Lots  fhall 
be  faved  to  the  Parifh  for  the  Purpofes  aforementioned,  in  as  full  and  ample  a 
Manner  as  if  the  faid  Parifh  had  ereded  a  Houfe  on  each  of  the  faid  Lots,  of  the 
Quahty  and  Dimentions  prefcribed  by  the  faid  Ad  for  faving  L  ots  in  the  faid 
Town. 

XIV.  A1^I> 


L  A  IV  S    o/^    North-Carolina.  iit 

A.  D.    174-0. 

XIV.  AN'D  be  it  further  Ena^led^  hy  the  Authority  aforefaid.  That  the  Com- 
miffioners  aforefaid  are  hereby  impowered  and  dirc6ted,  to  make  Sale  and  difpofe 
of  the  abovementioned  Lot,  at  i^ubhc  Vandue,  after  Four  Days  Notice  given, 
and  to  apply  the  Money  arifing  from  fuch  Sale,  towards  the  building  of  the  faid 
Church :  Any  Law  to  the  contrary,  in  any-wife,  notwithftanding. 


G  H  A  P.    in, 

uin  A5i^  to  enable  the  CommiJJioncrs  herein  after  mentioned^  to  Jinip  the 
Church  already  begun  at  Edenton. 

L  WJ  HEREAS  feveral  well-difpofed  Perfons  have  voluntarily  fubfcribed  p-^^""- 

W  and  contributed  feveral  Sums  of  Money,  to  build  and  ercdl  a  Church 
in  EdentoTi,  for  the  Advancement  of  Keligion,  and  thereby  appointed  ft  vera! 
Commiffioncrs  to  manage  and  carry  on  the  fime,  and  to  apply  fuch  charitable 
Subfcriptions  and  Contributions  to  that  Purpofc  •,  which  faid  Commiffioncrs  have 
carried  on,  and,  in  Part,  built  the  fame ;  but  fome  of  the  Commiffioners  being 
dead,  and  there  not  being  a  fufiicient  Sum  raifed  to  compleat  the  faid  Work,  and 
the  Veftry  of  the  Parifh  refufing  to  affift  therein,  the  faid  Building  may  become 
ruinous,  and  all  the  Money  already  expended  will  thereby  be  loft,  to  the  o-reat 
Bifcouragement  of  Religion,  and  of  fuch  good  and  pious  Intentions :  Thereiore, 
to  prevent  the  fame,  and  to  promote  fo  laudable  a  Work,  and  in  Order  to  raife 
a  fufficient  Fund  for  hnifhing  the  faid  Church  i 

II.  WJE  pray  that  it  may  be  Enaded,  And  he  it  EnaEled^  hy  his  Excellency  Ga- 
briel Johnfton,  £/"j-.  Governor^  by  and  -with  the  Advice  and  Confent  of  his  Majeflfs  ' 
Council,  and  General  Affembly  of  this  Province^  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  a  Tax  of  Two  Shillings,  Proclamation  Money,  for 
Two  Years,  next  enfuing,  be  laid  on  each  and  every  Tithable  Pcrfon  within  the 
faid  Parifh,  or  County  of  Chowan,  to  defray  the  Expence  and  Charge  of  corn- 
pleating  and  finifliing  the  faid  Church  ;  to  be  paid  Yearly,  in  fuch  Commodities 
as  are  hereafter  rated,  viz.  Tobacco,  at  Ten  Shillings  ter  Hundred  ;  Bees- Wax, 
at  Ten  Pence  Half  Penny /^c^  Pound  ;  Tallow,  at  Four  Pence />^r  Pound ;  Pork, 
good  and  merchantable,  at  Thirty  Shillings  -per  Barrel,  not  lefs  than  Two  Hun- 
dred and  Twenty  Weight  in  each  Barrel ;  or  if  in  current  Bills,  at  Seven  and  a 
Half  for  One,  in  Lieu  of  Proclamation  Money  ;  to  be  paid  at  fuch  Times  and 
Places,  and  in  fuch  Manner,  as  in  and  by  an  Aft,  intituled,  An  A51,  for  fro- 
aiding  his  Majejiy  a  Rent-Roil,  for  fecurmg  his  Majeftfs  ^it-Rents,  for  the 
Remiffion  of  Arrears  of  ^lit- Rents,  and  for  quieting  the  Inhabitants  in  their  Pof- 
feffions,  is  direfted  :  ^Which  faid  Tax  fliall  be  Annually  received  by  miliara  Luten, 
Gentleman,  he  firft*  giving  Security,  in  the  Sum  of  Six  Hundred  Pounds,  Pro- 
clamation Money,  to  the  Juilices  of  the  County  Court,  for  the  faithful  Difcharge 
and  Payment  of  the  fame,  who  fliall  be  allowed  Four  fer  Cent,  for  attending, 
receiving,  and  paying  the  fame ;  and  that  upon  Receipt  of  any  Commodity  or 
Commodities,  Sum  or  Sums  of  Money,  for  the  Ufe  aforefaid,  the  fame  Ihall  be 
by  him  paid  to  the  CommafTioners,  or  the  Majority  of  them,  or  their  Order,  for 
the  Ufe  of  the  faid  Church. 

III.  AN B  be  it  further  EnaEted,  hy  the  Authority  aforefaid.  That  each  Inhabi- 
tant in  the  faid  Parifh,  who  fliall  not  pay,  or  caufe  to  be  paid,  each  and  every 
Year,  the  Tax  herein  before  mentioned,  at  the  Times  and  Places  aforefaid,  to  the 
faid  miliam  Luten,  as  in  and  by  this  Aft  they  are  direfted  ;  fuch  Perfon  fo  fail- 
ing fliall,  for  each  Default;  forfeit  ar;.'l  pay  the  Sum  of  Four  Shillings,  Procla- 
mation 


112  L  A  IV  S     of    North-Carolina. 

A  v:  1746.  mation  Money,  per  Tithable,  btfides  Cqfts  ;  to  be  levied,  by  a  Warrant  from 
^^-i  :/-—  under  the  Hand  of  one  or  more  Juftices  of  the  Peace  of  the  County  aforefaid, 
upon  the  Goods  and  Chattels  of  the  Delinquent:  Which  Forfeiture  fhail  be  paid, 
to  the  fliid  William  Luten,  or  any  other  Perfon  appointed  by  the  laid  Commif- 
fionefs  for  that  Purpofe,  and  by  them  to  be  applied  towards  the  building  and. 
com  pleating  of  the  faid  Church. 

IV.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid^  That  all  Per- 
fons  who  have  fubfcribed,  or  that  fhall  hereafter  fubfcribe,  to  pay  any  Sum  or 
Sums  of  Money,  for  and  towards  the  building  of  the  aforefaid  Church,  and  fe- 
fufe  Payment  of  the  faid  Sum  or  Sums  mentioned  to  be  paid  by  fuch  Subfcrip- 
tion,  fuch  Perfon  or  Perfons  fhall  be  liable  for  the  fame,  and  may  be  fued  by  the 
Commifiioners  aforefaid,  or  the  Survivors  of  them,  in  the  fame  Manner  as  any 
Perfon  may  be  fued  for  Non-payment  of  Money  on  a  Promifory  Note  :  And  that 
the  faid  Commiflioners  alfo  have  full  Power  and  Authority  to  demand  and  receive 
of  all  Perfons  whatfoever,  that  have  any  Money  in  their  Hands  which  was  for- 
merly raifed,  given,  or  contributed,  for  and  towards  the  Ufe  of  the  faid  Church  ; 
and  in  Cafe  of  Refufal  or  Non-payment  of  the  fame,  to  bring  Adion  or  Actions, 
in  their  own  Name,  for  Recovery  thereof. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Honour- 
able William  Smith,  Efqj  John  Montgomery,  and  John  Hodgfon,  Efqrs.  John 
Blount,  John  Benbury,  Abraham  Blackhall,  and  James  Craven,  Gentlemen,  are 
hereby  appointed  Commiflioners,  to  receive  the  faid  Levies  from  the  faid  William 
Luten,  when  received  and  colleft^d  ;  and  to  contracfl  and  agree  with  fit  and  pro- 
per Perfons  for  finifhing  the  faid  Church,  in  a  neat  and  Workman-like  Manner, 
as  begun  :  And  the  fiid  William  Luten  fhall,  and  he  is  hereby  dirtfted,  to  ac- 
count with  the  Commiflioners  aforefaid,-  when  called  upon  and  required,  for  the 
feveral  Commodities  and  Sums  by  him  colledted  and  received. 

VI.  AND  whereas  the  Veftry  of  the  Parifli  of  Chowan,  in  the  Year  One  Thou- 
fand  Seven  Hundred  and  Thirty  Six,  laid  a  Levy  of  Twenty  Shillings  fer  Titha- 
ble, and  in  the  Year  One  Thoufand  Seven  Hundred  and  Thirty  Seven,  laid  ano- 

.  ther  Levy  of  Ten  Shillings  fer  Tithable,  in  Current  Bills,  towards  building  the 
faid  Church,  a  confiderable  Part  of  which  is  yet  unpaid  and  uncolleded : 

VII.  B  E  it  therefore  Enabled,  and  it  is  hereby  EnaSled,  by  the  Authority  afore- 
faid. That  the  feveral  Perfons  who  have  not  already  paid  the  faid  Taxes,  are  here- 
by commanded  and  required  to  pay  the  fame,  in  Current  Bills,  as  laid  by  the  faid 
Veftries,  or  in  Lieu  thereof,  in  Commodities  as  aforefaid,  in  the  fame  Manner, 
and  at  the  fame  Times  and  Places,  and  to  the  fame  Perfon,  as  before  mentioned, 
and  under  the  fame  Penalties  as  in  and  by  this  Aft  is  before  diredled. 

VIII.  AN  B  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  all  Perfons 
who  have  been  heretofore  Churchwardens  or  Commiflioners,    as  alfo  all  other 

-  Perfons  whatfoever,  who  have  any  Parifti  or  Subfcription  Money  in  their  Hands, 
unpaid  or  unaccounted  for,  do  forthwith,  after  the  Ratification  of  this  A<51,  account 
with  the  Commiflioners  aforefaid,  and  pay  to  them,  or  their  Order,  on  Demand, 
all  fuch  Sum  and  Sums  of  Money  which  Ihall  appear  to  be  due,  owing,  and  in 
Arrear,  under  the  Penalty  of  Ten  Pounds  Proclamation  Money,  over  and  above 
the  Sum  fo  due  and  in  Arrear,  to  the  Parifli  aforefaid  ;  to  be  recovered,  by  Adi- 
on  of  Debt,  Bill,  Plaint,  or  Information,  in  the  General  or  County  Court. 

IX.  A  N  D  be  it  further  Ena£fed,  by  the  Authority  aforefaid.  That  on  the  Death 
or  Removal  out  of  the  County  aforefaid  of  the  faid  William  Luten,  or  any  of  the 
aforefaid  Commiflioners,  that  the  Majority  of  the  Commiflioners  are  hereby  im- 

powered 


L   A    IV    S      C/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  113, 

powered  and  authorized  to  make  Choice  of  a  proper  Perfon  or  Perfons*  who  fnall    ^  ^-  ^^'^^ 
be  deemed  duly  qualified  to  atl;  in  his  or  their  Room  and  Stead. 

X.  A  N  D  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  when  the  faid 
Church  fhall  be  fit  to  celebrate  Divine  Service  in,  all  Meetings  of  Vellries  for  the 
faid  Parifh,  being  firfl  duly  fummoned,  fhall  be  held  at  the  faid  Church,  and  at 
no  other  Place  in  the  faid  Parifh,  under  the  Penalty  of  Ten  Shillings,  Proclama- 
tion Money,  befides  Cofts,  for  each  and  every  Veflryman  fo  refufing  or  neglect- 
ing ;  to  be  levied,  by  a  Warrant  from  under  the  Hand  of  one  or  more  Juftices  of 
the  Peace  of  the  County  of  Chowariy  upon  the  Goods  and  Chatties  of  each  and  e- 
very  Veftryman  fo  off'ending ;  to  be  by  the  aforefaid  Commiffioners  applied  to 
and  for  the  Ufe  of  the  faid  Church. 


C  H  A  P.    IV. 

An  AB,  for  the  further  and  better  Regulation  of  the  Town  called  Wilr 
mington,  in  New-Hanover  County ;  and  to  efiablijlo  the  Church  of  the 
Parijh  of  St.  James,  to  be  built  in  the  faid  Town. 

I.  TTrHEREASitis  found,  by  Experience,  that  the  ere<5ling  of  a  Village  preamble 

y  Y  formerly  called  Nezvton,  into  a  Town  and  Townlhip,  by  the  Name  of 
JVilmington,  has  greatly  promoted  the  Trade  and  Interefb,  and  contributed  to  the 
Eafe  and  Conveniency  of  the  Inhabitants  of  the  Counties  of  New-Hanover^  Bla- 
den, and  O'ijlotv :  And  whereas  feveral  Difputes  have  arifen,  about  the  Validity 
of  an  A6b  of  Aife-mbly,  intituled.  An  Act,  for  erecting  the  Village  called  Newton, 
i?i  New-Hanover  County,  into  a  "Town  and  Townfhif,  by  the  Name  of  Wilmington, 
and  for  regulating  and  afcertaining  the  Bounds  thereof,  which  was  ratified  by  the 
Governor  in  the  laft  Seilion  of  the  General  AfiTembly,  held  at  Newbern  -,  which 
Difputes  have  raifed  Doubts,  and*  much  perplexed  the  Minds  of  feveral  of  the 
Inhabitants  of  the  faid  County  of  New-Hancver :  For  removing  of  which,  and 
for  quietting  the  Minds  of  the  faid  Inhabitants,  and  for  the  further  and -better 
Encouragement  and  Regulation  of  the  faid  Town  ; 


II.  WE  pray  that  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency  ^nrhingshere, 
Gabriel  Johnilon,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  £g  ^Tlht' 
jefty^s  Council,  and  General  Affembly  o^  this  Province,  and  it  is  hereby  Enacted, ,  by  Town,  declared 
the  Authority  of  the  fame.  That  every  A6t,  Matfer,  and  Thing,  done,  a<fl:ed,  and  ''*''^' 
performed  by  the  Inhabitants  of  the  faid  Town,  or  by  the  Juftices  and  Freemen 

of  New-Hanover  County,  or  by  the  Churchwardens  and  Veftrymen  of  the  faid* 
County,  and  every  of  them,  iliall  be  deemed  valid  and  good,  notwithftandino- 
any  real  or  pretended  Defed:  in  the  Manner  of  pafling  the  faid  Ad  j  and  that  by 
Reafon  of  the  Removal  of  the  County  Court  of  New-Hanover  from  a  Village 
called  Brunfwick,  in  that  County,  to  the  faid  Town  of  Wilmington,  no  Caufe, 
Suit,  Plaint,  or  other  Matter,  of  what  Nature  or  Kind  foever,  which  was  or  is 
depending  in  the  faid  Court,  fhall  be  deemed  or  held  to  be  difcontinued  or  aba- 
ted ;  but  on  the  contrary,  the  Juftices  of  the  faid  Court  Ihall  proceed,  and  have 
Jurifdidtion,  to  try  and  determine  the  fame,  at  the  faid  Town  of  Wilmington. 

III.  ANJ>  he  it  further  Enabled,  by  th^  Authority  aforefaid.  That  the  Burgefs  Bureeft  eieaed 
deded  by  the  Inhabitants  of  the  faid  Town,  by  Virtue  of  the  faid  Ad,  Ihall  be  f ' 'n^'ASmbw' 
deemed  to  be  duly  eleded,  and  qualified  to  fit  and  vote  in  the  General  Affembly  '""     **"    ' 
of  this  Province,  fo  long  as  this  prefent  General  Affembly  IhaU  continue. 

F  f  IV.  AND 


114 


L  A   JV  S    of    North -Carol  I  N  A. 


IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Court  of 
New-Hano'ver  County,  and  the  Eleftion  of  Reprefentatives  for  the  faid  County,  to 
fit  and  vote  in  the  General  Affembly,  and  the  Eledion  of  Veftrymen  for  the  Parifh 
bfhera  anf made  of  Saint  James,  in  the  faid  County,  and  all  other  Public  Elections  for  the  faid 
xx.mimington.  County  of  New-Hanover,  for  the  faid  Parifh  called  Saint  James* %  Parifh,  and  for 
the  faid  Town  of  IVilmington,  and  every  of  them,  of  what  Nature  or  Kind  foever, 
fhall  be  held  and  made  in  the  faid  Town  of  JVilmington,  and  at  no  other  Place  • 
whatfoever. 

The  Aft  for  re-  V.  A  N  D  be  it  further  EnaEted,  by  the  Authority  aforefaid.  That  each  and  eve- 
^'f '"rei^in '*"'  ^7  Claufc  of  an  A(5b,  intituled,  Ah  Act,  for  Regulating  Veftrics  in  this  Government, 
and  for  the  bettr  infpecting  the  Veflrymen  and  Churchwardens  Accounts  of  each  and 
every  P,arifh  in  this  Government,  paffed  in  the  Year  One  Thoufand  Seven  Hundred 
and  Twenty  Nine,  or  any  other  Acl  or  Claufe  of  an  Aft  of  this  Province  whatfo- 
ever, which  direds  the  Courts  and  Eledions  of  the  faid  County,  and  the  Church, 
Court-houfe,  and  Goal  of  the  faid  County  of  New-Hanover,  and  Saint  James'^ 
Parifli,  to  be  held  or  built  at  a  Place  called  Brunfwick,  be  and  is  hereby  Repealed. 

inn»bk,nu  of  VL  A  N  D  be  it  fufther  Enacted,  by  the  Authority  aforefaid.  That  the  Inhabi- 
TTlZ"J\o  tants  of  the  faid  Town  of  f^ilmington,  and  of  the  County  adjacent,  cjualified,  ac- 
th"  General  Af-  cording  to  the  Dire6tions  of  this  Aft,  fhall,  for  ever,  have  the  Privilege  of  fend- 
ftmbiy.  -j^g  ^  Burgefs  to  the  General  Affembly  of  this  Province,  therein  to  confult  and 

vote,  in  as  ample  Manner  as  any  Reprefentative  of  any  County  or  Town  of  this 

Province. 


tranfafting  BuA- 
Heft    at    Bruit- 
(toick,    refsaled 


Who  fiiall  be 
Voters. 


Who   may   be   i 
Reprefentative. 


VII.  A  N  D  for  afcertaining  the  Method  of  chufing  the  Burgeflfes  or  Reprefen- 
tatives of  the  faid  Town,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  every 
Man  who  fhall  be  a  Tenant  of  a  Brick,  Stone,  or  framed  habitable  Houfe,  of  the 
Length  of  Twenty  Feet,  and  Sixteen  Feet  broad,  within  the  Bounds  of  the  faid 
Town,  who,  on  the  Day  of  Ele6tion,  inhabits,  and  for  Three  Months  next  be- 
fore, inhabited  fuch  Houfe,  fhall  have  a  Vote  in'eleding  the  Reprefentative  of  the 
faid  Town,  to  be  fent  to  the  General  Affembly ;  and  in  Cafe  there  fhall  be  no  Te- 
nant of  fuch  Houfe  qualified  to  vote  as  aforefaid,  that  then,  and  in  that  Cafe,  the 
Perfon  truly  and  bona  fide  feized  of  fuch  Houfe,  in  his  own  Right,  either  in  Fee- 
Simple,  Fee-Tail,  or  for  Term  of  Life,  fhall  be  intituled  to  vote  for  the  faid 
Reprefentative. 

VIII.  A  NT)  be  it  further  Enacted,  by  th^  Authority  aforefaid.  That  every  Man 
who,  on  the  Day  of  Eleaion,  and,  for  Three  Months  next  before,  fhall  be  an  In- 
habitant of  a  Brick  Houfe,  of  the  Length  of  Thirty  Feet,  and  Sixteen  Feet  broad, 
between  the  Bounds  of  the  faid  Town,  upwards,  and  Smith  Creek,  and  within 
One  Hundred  and  Twenty  Poles  of  Cape-Fear  River,  fhall  be  intituled  to  have  a 
Vote  in  the  Eleftionof  the  Reprefentative  of  the  faid  Town  oi  ^ilmingtoH,  (un- 
lefs  fuch  Inhabitant  be  a  Servant)  and  fhall  enjoy  all  the  Rights,  Privileges,  and 
Immunities,  that  any  Inhabitant  within  the  faid  Town  fhall  be  intituled  to,  by  Vir- 
tue of  this  A6t. 

.  .  IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon 
fhall  be  deemed  qualified  to  be  a  Reprefentative  of  the  faid  Tov/n,  to  fit  and  vote 
in  the  General  Affembly,  unlefs,  on  the  Day  of  Eledion,  he  be,  and  for  Three 
Months  next  before,  was  truly  and  bona  fide  feized,  in  his  own  Right,  m  Fee- 
Simple,  or  for  Term  of  Life,  of  a  Brick,  Stone,  or  framed  habitable  Houfe,  with- 
in the  Bounds  of  the  faid  Town,  with  one  or  more  Brick  Chimney  or  Chimneys, 
or  of  a  Brick  Houfe,  of  the  Length  of  Thirty  Feet,  and  Sixteen  Feet  broad,  be- 
tween the  Bounds  of  the  faid  Town,  upwards,  and  Smith  Creek,  and  within  One 

Hundred  and  Twenty  Poles  of  Cape-Fear  River.  .  ..r  ^ 

^  ^  X.  A  N  D 


L  A   TV  S    c/'    North-Carolina.  115 

A.  D.    1740. 

X.  A  N  D  whereas  the  Town  of  IVilmingtoriy  by  Reafon  of  its  Scituation  and  ^"""^ 
Navigation,  is  the  moft  cen:j-al  and  convenient  Place  within  the  Diftrid  of  Port 
Brunfwicky  both  for  Exportation  and  Importation  of  Goods  \ 

XI.  B  E  it  therefore  Enacted^  by  the  Authority  aforefaid.  That  the  CoUeftor  of  offices  to  be  he!<i 
his  Majefty's  Cuftoms,  and  the  Naval  Officer  of  Port  Brunfwick,  fhall  always  keep  •"  ffi^i"^'"- 
and  execute  their  refpediive  Offices  in  the  faid  Town  of  IVilmington,  until  his  Ma- 

jefty  fliall  be  pleafed  to  give  his  Direftions  to  the  contrary  ;  and  likewife,  that  the 
Clerk  of  the  County  Court  of  New-Hanover,  and  the  Regifter  of  Conveyances  of 
the  faid  County,  fhall,  for  ever,  hold  and  execute  their  refpedive  Offices  in  the 
faid  Town  of  JVdmngton :  And  that  if  any  of  the  faid  Officers  negled:  or  refufe  fo 
to  do,  each  of  them  fo  neglecfling  or  refufing,  fliall,  for  every  Week  he  fhall  be 
a  Delinquent,  forfeit  and  pay  the  Sum  of  Thirty  Shillings,  Proclamation  Money; 
to  be  recovered  by  any  Perfon  who  fhall  fije  tor  the  fame,  in  the  County  Court  of 
New-Hanovery  by  Action  of  Debt,  Bill,  Plaint,  or  Information;  One  Half  to  fuch 
Profecutor,  and  the  otlier  Half  for  the  Commiffioners,  who  are  or  fhall  be  ap- 
pointed for  regulating  the  faid  Town  ;  to  be  applied  for  the  Benefit  of  the  faid 
Town.  -   • 

XII.  AND  he  it  further  Enacted,  hy  the  Authority,  aforefaid.  That  the  Church  church  to  y  _ 
of  the  Parifh  of  St.  James,  in  New-Hanover  County,  fhall  be  built  in  the  faid  J,J„'„" 
Tov/n  oi  fFihnington ;  and  all  Sums  of  Money  already  raifed,  or  which  fhall  be 

hereafter  raifed,  by  Levies,  on  the  Inhabitants  of  the  faid  Pariffi,  for  building  a 
Parilh  Church,  fhall  be  employed  to  build  a  Parifh  Church  in  the  faid  Town. 

XIII.  A  N  D  for  the  better  regulating  the  faid  Town  of  IFilmington,  Be  it  fur-  commiffioners 
ther  Enacted,  by  the  Authority  aforefaid,  I'hat  until  Commiffioners  fhall  be  eleded  app^'i"'*''' 
and  appointed,  as  herein  after  directed,  Robert  Halton,  James  Murray,  Samuel 
Woodward,  Richard  Eagles,    John  Porter,   William  Paris,  and  Robert  Walker^ 

Efqrs.  arc  hereby  eftablifhed,  appointed,  and  continued  Commiffioners  for  the 
faid  Town;  and  the  faid  Commiffioners,  or  a  Majority  of  them,  ffiall  have  and 
be  invefled  with  all  the  Powers  and  Authorities  within  the  Bounds  of  the  faid 
Town  of  Wilmington,  (except  as  to  the  felling  any  Lot  or  Lots  in  the  faid  Town) 
in  as  full  and  ample  iVdanncr,  as  the  Commiffioners  for  the  Town  of  Edenton  have 
and  pofTefs,  by  Virtue  of  any  Law  heretofore  pafTcd. 

XIV.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid,  .That  the  Inhabi-  Method  of  eiefl., 
tants  r,^  tne  faid  Town,  and  Parts  adjacent,  qualified  to  vote  for  the  Reprefentative  ^^e  Commiflion. 
of  the  faid  Town,  fhall,  on  the  Firft  I'uefday  in  April  next,  after  the  paffing  of  this 

A£t,  and  on  the  faid  Day  in  each  and  every  Year  after,  affemble  in  the  Court- 
houfe  in  the  faid  Town,  and  fhall  then  and  there,  in  the  Prefence  of  any  Perfon  • 
that  they  the  Inhabitants  and  Electors,  or  the  Majority  of  "them,  ffiall  appoint  to 
take  the  Poll,  eledt  Five  Men,  out  of  which  Number  the  Governor  or  Comman- 
der in  Chiet  lor  the  Time  being  is  hereby  impowered  to  appoint  Three  Commif^ 
fioners ;  and  the  faid  Three  Commiffioners  fo  elefted  and  appointed,  or  the  Majo- 
rity of  them,  ffiall  be  invefted  with  the  fame  Powers  and  Authorities  of  the  StYtn. 
Commiffioners  before  nominated. 

XV.  PROVIDED  always.  That  nothing  in  this  Ad,    or  any  other  Aft,  NoPow«r««fBH 
fhall  be  taken  or  conftrued,  to  be  a  Power  given  to  the  faid  Commiffioners,   to  ^^^" 
grant,  fell,  or  difpofe  of  Lots,  or  any  Parcel  of  Land,  within  the  Bounds  of  the 

faid  Town  of  Wilmington. 

XVI.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Two  Former TmifM 
Taxes  of  Five  Shillings,  Current  Bills,  p^r  Poll,  which  were  laid  on  the  Inhabi-  b»i''»i»««c,.Tt, 

tants 


ij6  LAWS    0/    North-Carolina. 


A.  D 


''■^o    tants  or  the  faid  County  of  New-Hanover,  by  the  Juftices  of  the  faid  County,  at 

'  tht  Court  held  at  Brunfwick,  on  the  Eleventh  Day  of  December  \z%  to  be  levied 

towards  l^f.idtg  by  .the  SherifF,   between  the  Firft  Day  of  January,  and  the  Firft  Day  of  March, 

a  Goal,  and  fi-  j ^^  ^.j^g  Ycars  One  Thoufand  Seven  Hundred  and  1  hirty  Nine,  and  One  Thoufand. 

c'^'t-hcal'fa   in  Stvtu.  Hundred  and  Forty,  Five  Shillings ^^r  Poll,  in  each  Year,  in  Order  to 

Wdmingt'.n.       j^^j-|j  ^  Court-houfc  and  Goal  for  the  faid  County,  at  Brunfwick,  fhall  be,  and 

are  hereby  appropriated  for  building  a  Goal  in  the  fliid  Town  of  Wilmington,  and 

toward  finilhing  the  Court-houfc  already  begun  in  the  faid  Town;  and  that  the 

•  Orders  which  the  Juftices  of  the  faid  County  have  made,  and  fhall  make,  for  the 

compleat  levying  the  faid  Taxes,  for  the  Payment  and  Application  of  the  fame, 

according  to  the  Intent  and  Meaning  of  this  Ad,  fliall  be  binding  on  all  and  every 

Perfon  and  Perfons  coiicernedo 

Tswn  Boundj.  XVII.  A  ND  he  it  further  Enacted,  That  the  Bounds  of  the  Town  of  Wil- 
mington, fhall  be,  and  are  circumfcribed  in  Manner  following ;  that  is  to  fay,:  To 
the  Northward,  by  the  Lands  of  His  Excellency  the  Governor,  upwards,  and 
below,  to  the  Southward,  by  the  Lands  of  Michael  Dyer  -,  to  the  Weftward,  by  the 
Northeii/i  Branch  of  Cape-Fear  River ;  and  to  the  Eaftward,  by  a  Line  drawn 
between  the  faid  Lands  of  the  Governor,  and  Michael  Dyer^  One  Hundred  and 
Twenty  Poles  diftant  from  the  River. 


CHAP.     V. 


An  AB,  to  ejlablip  and  confirm  John  Hodgfon,  Efq-,  Treafurer  of  th 
Counties  herein  after  mentioned,     DBS. 


CHAP.    VI. 


Re 


pealed  by  his    j,   ^^    f^  appolnt  abk  and  fkilful  Clerks,  for  the  feveral  County  Courts 

Majtfty  s  Order,    •*■*'*  ■'*      >  Jrr  ,     ^  i       i  n  •  J    r  JT     t      i.'  j.1 

in  couneu.  within  thts  Province,  and  for  the  better  jecuring  and  Jaje-keeptng  the 

Records  of  the  fame. 


CHAP.   vn. 

An  A6i,  for  the  more  effeSiual  EJiabliping  a  Ferry  from  Bath-Town,  /* 
Core-Point,  ^w^/ri?;^  Core-Point,  i'o  Bath-Town  j  and  Jor  f)reventtng 
any  other  Ferry  within  Ten  Miles  of  the  faid  Town  of  Bath,  or  Core- 
Point,  on  the  fame  Sides  of  the  River. 

Private.  I.  f  X  7"  H  E  R  E  A  S  the  Ferry  from  Bath-Town,  to  Core-point,  and  from  Core- 

VV  pointy  to  Bath-Town,  hath  been,  to  the  great  Damage  of  the  Inhabi- 
tants of  2?^/;&-r<j«;;7,  removed  from  the  faid  Places :  And  whereas  the  Penalties 
-  mentioned  in  the  Ad  of  Affembly,  intituled.  An  A£t,  concerning  the  Roads  and 
Ferries,  are  found  infufficient  to  deter  evil  difpofed  Perfons  from  ferrying  over 
within  the  Diftance  prefcribed  by  the  faid  Ad:  Wherefore,  for  the  further  En- 
couragement of  the  faid  Town  of  5^/-6,  and  10  prevent  the  remoying  the  Ferry, 
from  the  faid  Town  of  Bath^  and  Core-pint  j  it  W  F 


L  A  IV  S    of    North-Carolina.  u? 


A.  D.   1740- 


IT.  WE  pray  tiiat  it  may  be  Enadled,  And  be  it  Ena^ied^  by  his  Excellency  Ga- 
briel Johnfton,  Efq-,  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefty*s 
Council,  and  General  Affemhlj  of  this  Province^  and  it  is  hereby  Enacted^  by  the 
Authority  of  the  fame.  That  the  Juftices  for  the  CoLinty  of  Beaufort,  fhall,  at  their 
n?xt  Court  fo  be  held  for  the  faid  County,  after  the  Ratification  of  this  Adt,  nomi- 
nate and  appoint  fome  good  and  able  Perfon,  Inhabitant  of  the  laid  Town,  to 
keep  the  FeVry  from  Bath-1'own,  10  Core-point ;  and  alfo,  foaie  other  able  Perfon, 
to  keep  the  Ferry  from  Core-point,  on  the  South  Side  of  Pamptico  River,  to  Bath- 
fown :  Which  faid  Perfons  io  appointed,  refpedively,  fhall  enter  into  Bond,  to 
the  Juftices  of  the  faid  Court,  to  keep  a  good  and  fufficient  Boat  and  Attendance, 
in  Order  to  tranfport  Paflengers  and  Horfcs  over  the  faid  River,  with  fuch  Regu- 
lations as  by  the  laid  Court  Ihall  be  judged  convenient. 

III.  A  N  D  for  the  more  eftedlual  detering  any  Perfon  from  ferrying  Pafifengers 
over  the  faid  River,  within  Ten  Miles  of  the  aforfaid  Places,  on  each  Side  the  faid 
River,  //  is  hereby  further  EnaSled,  by  the  Authority  aforefaid.  That  any  Perfon 
or  Perfons,  ferrying  over  any  Perfon  or  Perfons,  Horfe  or  Horfes,  within  Ten 
Miles  of  the  faid  Places,  on  each  Side  the  River,  for  which  he  or  they  fhall  receive 

"  a  Reward,  under  any  Denomination  whatfoever,  he,  Ihe,  or  they,  fo  oflft-nding, 
fhall,  for  each  Offence,  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation 
Money  -,  One  Half  to  the  Ufe  of  the  Parilh,  the  other  Half  to.  the  Perfon  who  fhall 
fue  for  the  fame,  by  Aftioh  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court 
of  Record  in  this  Province  -,  wherein  no  EfToign,  Protection,  'Injundion,  or  Wager 
of  L  aw,  fhall  be  allowed  or  admitted  of.    •  ■ 

IV.  PROVIDED  always.  That  this  Ad,  nor  any  Claufe  or  Article  herein 
contained,  fhall  be  in  Forge,  fp  as  any  Perfon  fhall  incur  any  Penalty  by  the  farhe, 
until  a  Road  fhall  be  cleared  and  made  paffable,  according  to  Law,  from  Core- 
point,  into  the  main  Road  leading  by  Rigney^sQudXt^v,  to  New-River,  at  the  Ex- 
pence  of  the  Perfon  who  fhall  be  appointed  to  keep  Ferry  at  Core-point ;  which 
laid  Road,  whenfo  made,  fhall  afterwards  be  maintained  and  repaired  by  the  Pub- 
lic ;  and  until  a  convenient  Houfe  is  built,  fit  to  entertain  Travellers,  and  fufficient 
Boats  and  Canoes  built  and  provided,  for  tranfporting  Men  and  Horfes  over  the 
faid  River,  to  be  approved  of  and  allowed  by  the  Juflices  of  the  County  Court 
of  Beaufort. 


CHAP.     VIII. 


An  AB,  to  enable  the  Parijh  of  St.  Andrew'5,  in  Tyrell  County,  and  the 
Southwefl  Parijh  of  Fafquotank  County,  to  eledi  Vejiries.     O  B  S. 


CHAP.     IX. 

An  ASi,  to  exempt  the  Inhabitants  of  Bath-Town  from  working  on  the 
Public  Roads.^  and  to  oblige  the  faid  Inhabitants  to  clear  and  keep  the 
Streets  of  the  j aid  Town  clear  and  in  good  Order. 

I.  TTTHEREAS  there  is  no  Provifion  made  by  any  Law  of  this  Province,  priwt*. 

V  V    to  oblige  the  Inhabitants  of  Bath-Town  to  clear,  and  keep  clear,  the 
Streets  of  the  faid  Town : 

G  e  II.  WE 


ii8  **     LAWS    o/'North-Cahqlina. 

IL  W  E  pray  that  it  may  be  Enaded,  And  he  it  Ena£led^  by  bis  Excellency  Ga- 
briel Johnfton,  jE/jj  Governor^  by  and  with  the  Adijice  and  Confent  of  his  Majejly's 
Council^  and  the  General  Affembly  of  this  Province^  and  it  is  hereby  Ena^ed,  by 
the  Authority  of  the  famc^  That  from  and  after  the  Ratification  of  this  Ad,  it 
fhall  and  may  be  lawful  for  the  Juftices  of  the  County  of  Beaufort^  Yearly,  to 
appoint  fome  proper  Perfon,  Inhabitant  of  the  faid  Town,  Overfeer  of  the  fame  ; 
which  Overfeer  fo  appointed,  fhall,  as  often  as  there  (hall  be  Occafion,  fummons 
the  Male  tithable  Inhabitants  of  the  faid  Town,  to  clear  the  Streets  thereof,  and 
remove  any  Nufance  or  Nufances  within'  the  faid  Town  :  And  if  any  fuch  Male 
tithable  Inhabitant  fhall  fail  or  refufe  to  appear,  on  fuch  Summons,  and  work  in 
the  faid  Town,  at  fuch  Times  and  Places  as  the  faid  Overfeer  fhall  direft,  fuch 
Perfon  fo  negledling  or  refufing,  fhall  forfeit  and  pay  the  Sum  of  Two  Shillings 
tn.d  Six  Pence,  Proclamation  Money,  for  every  Day  he  fhall  fo  negled  or  refufe ; 
to  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peace  of  the  faid  County, 
and  applied  to  the  Ufe  of  employing  Perfons  to  work,  and  keep  the  Streets  of 
the  faid  Town  clear  and  in  good  Order. 

III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  faid  In- 
habitants fhall  be,  and  are,  for  the'  future,  exempt  from  working  on  any  of  the 
Public  Roads  within  this  Province,  out  of  the  Limits  of  the  faid  Town. 


CHAP.     X. 

An  AB,  to  -enable  the  'Jujlices  of  Tyrell  County^  to  build  a  Warehoufe  on 
Scopernongs,  ^r  receiving  of  his  Majejly's  ^it-Rents. 

Privite.  j_  ▼'TTHEREAS  a  Warehoufe,   for  the  Receipt  of  his  Majefly*s  Quit- 

VV  Rt-'nts,  was,  by  an  Adt  of  AfTembly,  intituled.  An  A^^  for  providing 
his  Majefiy  a  Rent-RolU  for  fecuring  his  Majefty'*s  ^it-Rents,  for  the  Remijfion 
of  Arrears  of  ^it-Rents,  and  for  quieting  the  Inhabitants  in  their  Pcffeffions ;  and 
for  the  better  Settlement  of  his  Majeflfs  Province  of  North-Carolina,  dire'fled  to 
be  built  at  Jofeph  Spruel's  Landing,  on  Scopernongs  River,  in  Tyrell  County,  for 
Receipt  of  his  Majefty's  Quit-Rents,  payable  in  the  faid  County  •,  to  which  Place 
no  Pettiagua  or  other  Veffel  capable  of  carrying  any  Commodities  can  go,  which 
renders  the  faid  Place  very  inconvenient  for  the  Receipt  of  the  Quit-Rents :  And 
whereas  the  Place  called  Samuel  Spruel's  Landing,  on  Scopernongs,  in  the  faid 
County,  is  a  Place  to  which  any  Sloop  can  go,  and  is  likewife  a  convenient  Place 
for  the  Inhabitants  of  the  faid  County  to  pay  their  Quit-Rents  at  y 

II.  W  E  pray  that  it  may  be  Enafled,  And  be  it  Ena^ed,  by  his  Excellency  Ga- 
briel Johnfton,  Efq-j  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty*s 
Council,  and  the  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  Juftices  of  Tyrell  County,  inftead  of  build- 
ing a  Warehoufe  at  Jofeph  Spruel's  Landing,  fhall  caufe  the  Warehoufe  by  the 
aforefaid  A61  direfted  to  be  built  at  Jofeph  Spruel's  Landing,  for  Receipt  of  his 
Majefty's  Quit-Rents,  to  be  built  at  Samuel  Spruel's  Landing  aforefaid,  on  Sco- 
pernongs, in  the  faid  County  of  Tyrell:  And  the  Juftices  of  the  faid  County  are 
hereby  direcled  to  caufe  the  faid  Warehoufe  to  be  built  at  the  faid  Place,  and  to 
lay  a  Levy,  and  to  apply  the  fame  towards  building  the  faid  Warehoufe,  and  to 
purchafe  Land  to  build  the  fame  on>  agreeable  to  the  Power  to  them  given  by  the 
aforefaid  Ad  of  AfTembly. 

CHAP. 


LAWS    cf    N  ORT  h-Car  o  l  i  n  a.  119 

A.  D.    1740- 

C  H  A  P.    XL 

jin  A^,  to  enable  the  CommiJJiohers  herein  after  namedy  to  build  a  Bridge 
§ver  Levingflon'^  Creeky  between  New-Hanover  and  Bladen  Counties. 

O  B  S. 


CHAP.     XII. 

An  ASf,  for  the  better  remlatin^  the  Militia  of  this  Govermnent.         R^p-  "^y   ^% 

*  -^  i>  <:>  J  j^„e   2%,  1746, 

Chap.    X. 

CHAP.     XIII. 

• 

An  Aol,  for  granting  an  Aid  to  his  Majejiy\  to  defray  the  Expences  of 
tranfp07'ting  the  federal  'Troops  inlifted  in  his  Majejifs  Service  in  this 
Colony y  and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in 
Comtnodities ;  and  for  other  Purpofes  therein  mentio?ted. 

I.  "\7[  r  H  E  R  E  A  S  his  Majefty  hath  been  pleafed  to  lend  Inftrudions  to  the  This  Aa  obfa. 
■  VV     Governor  of  this  Colony,  to  inlift  Men  in  his  Majefty's  Service,  and  ^Z\lTlTt^^ 
afterwards,  to  tranfport  them,  at  the  Expence  of  this  Colony,  to  the  fVeJi-tndies,  M=thod  of  p^y- 
there  to  join  other  Troops  of  his  Majelly,  fent  thither  upon  an  Expedition  in-  DeUs.^*"  *" 
tended  againft  the  Spaniards  -,  and  this  AfTembly  being  defirous  of  fhewing  their 
Loyalty  and  Duty,  and  taking  into  Confideration  the  moft  effedtual  Ways  and 
Means  to  raife  Money  to  defray  the  Expences  of  tranfporting  the  faid  Troops  in- 
lifted  here,  to  the  JVeJl-IndieSy  find,  that  the  Poverty  of  the  People  of  this  Pro- 
vince renders  it  imprafticable  to  colled:  a  Levy  in  Money,  humbly  reprefent  un- 
to your  Majefty,  that  laying  a  Levy  to  be  paid  in  the  Commodities  of  the  Coun- 
try, will  be  the  only  effeftual  Expedient  for  raifing  a  Fund  to  anfwer  the  prefent 
'  Service :  Wherefore, 

n.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor^  hy  and  with  the  Advice  and  Confent  of  his  Ma- 
jejly^s  Council,  and  General  AJfembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  cf  the  fame.  That  Three  Shillings,*  Proclamation  Money,  for  One 
"Year,  next  after  the  Ratification  of  this  Adl,  be  paid,  for  every  Tithable  within 
this  Province  :  Which  Levy  fhall  be  paid  in  the  Commodities  hereafter  mentioned, 
at  the  Rates  following ;  that  is  to  fay,  Tobacco,  pr  Hundred,  Ten  Shillings ; 
Rice,  per  Hundred,  Seven  Shillings  and  Six  Pence,  for  that  Part  of  the  Province 
only  heretofore  known  by  the  Name  of  Bath  County  ;  Indian-6xt^  Deer-Skins, 
not  weighing  lefs  than  One  Pound  each  Skin,  Two  Shillings  and  Six  Pence  the 
Pound ;  Bees- Wax,  at  Ten  Pence  Half  Penny  per  Pound  ;  Tallow,  at  Four 
Pence  per  Pound  ;  Pork,  in  good  tight  Barrels,  dry  faked,,  each  Barrel  contain- 
ing Two  Hundred  and  Twenty  Weight,  at  One  Pound  Seven  Shillings  per  Bar- 
rel •,  Beef,  in  good  tight  Barrels,  dry  faked,  each  Barrel  containing  Two  Hun- 
dred and  Twenty  Pounds,  at  Seventeen  Shillings  and  Six  Pence  per  Barrel. 

III.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaidy  That  the  Inhabi- 
tants of  that  Part  of  the  Province  heretofore  called  Albemarle  County,  fhall  pay 
the  aforefaid.Levy  in  the  aforefaid  Commodities,  or  by  Bills  of  Credit,  at  the 
Rate  of  Seven  Pounds  Ten  Shillings  for  every  Twenty  Shillings  Proclamation 

Meney, 


1 20  L    A   JV  S      O/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


"V" 


740  Money,  at  one  of  the  Warehoufes  in  their  refpedive  Counties,  appointed  for  the 
Receipt  of  his  Majefty's  Quit-Rents,  to  the  Ir'erfon  or  Ferfons  appointed  by  Vir- 
tue of  this  A(ft,  within  the  laft  Ten  Days  of  the  Month  of  November^  and  the 
laft  Ten  Days  of  the  Month  of  January,  then  next  enfuing,  (Beef  excepted,  which 
fhaU  be  paid  and  received  in  Satisf  adion  of  the  aforefaid  Levy  within  the  laft  Ten 
Days  of  November  only  i )  for  which  the  Infpedor  fhall  give  a  Receipt  to  "the 
Perfon  or  Perfons  bringing  the  fame. 

IV.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  each  Perfon 
of  the  aforefaid  Province,  who  fliall  negled  or  refufe  to  pay  the  aforefaid  Levy, 
in  Manner  aforefaid,  and  fliall  be  in  Arrear  on  the  Firft  Day  of  February  next,  af- 
ter the  laft  Day  of  Payment,  fuch  Defaulter  ihall  be  liable  to  double  Diftrefs  •,  to 
be  levied  upon  his  Goods  and  Chattels,  together  with  Cofts  and  Charges,  by  the 
SherifFof  the  County  within  which  fuch  Delinquent  inhabits. 

V.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Juftices 
of  each  County  in  the  aforefaid  Diftrid,  formerly  called  Bath  County,  fhall,  at 
the  Firft  County  Court  which  fhall  be  helc^  in  the  feveral  Counties  within  the  afore- 
faid Diftrid,  after  the  Ratification  of  this  Ad,  lay 'a  fuflicient  Levy  upon  the  In- 
habitants of  their  County,  not  exceeding  One  Shilling,  Proclamation  Money,  per 
Tithable,  for  defraying  the  Charges  of  building  or  hireing  a  fubftantial  Warehoufe, 
at  the  moft  convenient  Landing,  upon  a  navigable  River,  within  their  County, 
and  fhali,  with  fuch  Levy,  on  or  before  the  Fitteenth  Day  of  November  next,  af- 
ter the  Ratification  of  this  Ad,  build  or  hire  a  fubftantial  Warehoufe  for  the  fafe- 
keeping  of  the  aforefaid  Levy,  and  all  other  Levies  now  laid,  or  hereafter  to  b» 
laid  :  And  in  Cafe  the  foid  Juftices  fliall  refufe  or  negled  fo  to  do,  each  Juftice  ^o 
refufing  or  negleding,  fhall  forfeit  and  pay,  to  his  Majefty,  the  Sum  of  Five 
Pounds,  Proclamation  Money ;  to  be  recovered  in  any  Court  of  Record  in  this 
Province,  to  be  applied  in  building  a  Warehoufe  in  the  faid  County. 

VI.  AND  be  it  Enabled,  by  the  Authority  aforefaid.  That  John  Hodgfon,  and 
John  Montgomery,  Efqrs.  Thomas  Hunter,  John  Blount,  PFi/liam  Paris,  and  George 
Roberts,  Gentlemen,  be,  and  are  hereby  appointed  Commifliontrs,  and  they,  or 
the  Majority  of  them,  are  hereby  authorized  to  hire  VefTels,  and  buy  Provifions, 
and  all  Things  necelTary,  for  vidualing  and  tranfporting  Four  Hundred  Men  to 
the  JVeft-Indies  ;  and  to  defray  the  Charge  thereof,  the  faid  Commiflloners  or  the 
Majority  of  them,  arc  hereby  impowered  to  receive,  of  the  Infpedors  who  fhall  be 
appointed  to  receive  the  aforefaid  Levy,  all  the  Money  and  Commodities  they 
fhall  receive  in  Satisfadion  thereof,  and  to  fell  and  difpofe  of  the  Commodities 
as  they  fhall  think  proper.;  and  the  fiiid  Commiflaoners  fhall  account  with  the  Ge- 
neral AfTembly  of  this  Province  for  all  the  Money  and  Commodities  they  Ihall  re- 
ceive, and  fliall  be  allowed  for  their  Trouble  and  reafonable  Charges  by  the  Ge- 
neral AfTembly  •,  and  what  Surplus  fliall  remain,  fhall  be  applied  by  the  General 
AfTembly  towards  defraying  the  contingent  Charges  of  Government :  And  each 
and  every  Infpedor  is  hereby  direded  to  keep  Account  of  all  Money  and  Quanti- 
ty of  Commodities  they  fhall  receive,  and  of  whom,  in  Satisfadion  of  the  afore^ 
faid  Levy,  and  fhall,  on  or  before  the  Firft  Day  of  March,  next,  after  the  Rati- 
fication of  this  Ad,  account  with,  and  pay  to  the  CommilTioners,  all  the  Money 
and  Commodities  he  or  they  fhall  receive,  or  give  his  or  their  Notes  for,  in  Cafe 
the  faid  Commiflloners  do  require  the  fame  ;  and  each  Infpedor  who  fhall  refufe 
or  negled  fo  to  do,  within  the  aforefaid  Time,  fliall  forfeit  and  pay  the  Sum  of 
One  Hundred  Pounds,  Proclamation  Money,  to  the  Ufe  of  his  Majefty  ;  to  be 
recovered,  in  any  Court  of  Record  in  this  Province,  by  Adion  of  Debt,  Bill, 
Plaint,  or  Information,  and  to  be  applied,  by  the  Governor^  or  Commander  in 
Chief  for  the  Time  being,  for  repairing  the  V/arehoufc  or  Houfes,  and  defraying 
Other  incident  Charges,  where  fuch  Delinquent  fliall  be  Infpedor. 

VII.  AND 


Z,v^//^  .So/"    North-Carolina.  121 

A.  D.    i?"}©, 

VII.  AND  whereas  the  great  Scarcity  of  Money  renders  it,  at  prcfent,  ex-  p,eambie. 
treamly  difficult  for  the  Inhabitans  of  this  Province  to  pay  the  i'ubUc,  County, 
and  Parilh  Levies  already  impofed  ;  and  as  the  Paper  Bills  of  Credit  will  be  current 
only  till  November,  One  Thoulcind  Seven  Hundred  and  Forty  Four,  when  they 
will  expire,  and  it  will  therefore  be  impoflible  for  the  Inhabitants  of  this  rrovince 
to  pay  any  Levies  or  Taxes  whatfoever,  or  any  Fines  and  Forfeitures,  unkfs  the 
Commodities  of  the  Country  be  accepted  in  Difcharge  thereof,  according  to  the 
Ufage  and  Cuftom  of  fome  of  our  neighbouring  Colonies ; 

VIII.  W  E  pray  that  it  may  be  Enacted,  Jnd  be  it  Enacted,  by  the  Authority  ^e^^^s  to  be  paid 
aforefaid.  That  all  Public,  County,  and  Parilli  Levies,  already  impofed,  and  which 

fhall  be  due  and  payable  after  the  Ratification  of  this  Acl,  and  which  fliall  hereaf- 
ter be  laid  and  impofed  on  the  Inhabitants  of  this  Province,  fhall  be  paid  in  the 
Commodities  as  rated  in  this  Aft,  in  Manner  following  ;  that  is  to  fay.  Every 
Perfon  paying  any  Commodities  in  Difcharge  of  fuch  Levies,  Ihall  carry  the  fame 
to  the  Infpedior  of  one  of  the  Warehoufes  in  the  County  where  he  refides,  at  the 
Times  before  mentioned  for  Payment  of  the  Levy  by  this  Ad:  impofed,  to  be  re- 
ceived and  examined,  as  is  by  this  Ad:  before  expreffed  and  dircded. 

IX.  AND  be  it  further  Enacted.,  by  the  Authority  aforefaid.  That  if  any  Per-  Where  Difputes 
fon  fhall  tender  any  of  the  Commodities  herein  mentioned  in  Difcharge  of  the  Le-  c'mmodi°tie3''not 
vy  by  this  Ad  laid,  or  any  other  Levies  or  Taxes,  and  a  Difpute  (hall  arife  whe-  *>  m  merchant- 
ther  the  fame  be  good  and  merchantable,  the  Party  tendering  the  fame  may  apply  \^^^  {"^  War- 
to  a  Magiftrate  in  the  County,  who  is  hereby  impowered  and  direded  to  grant  ram  to  a  cmfta- 
his  Warrant,  direded  to  any  Conftable  or  other  lawful  Officer,  to  fummons  Two  2  Freehoiderrto 
fkilful  Freeholders,  who,  upon  their  Caths,  fhall  view  and  examine  the  famej  'determine  it. 
and  if  fuch  Commodity  fo  tendered  be  adjudged  good  and  merchantable,  then  the 
•Infpedor  fhall  receive  the  fame  ;  and  in  that  Cafe,  the  Juftice  granting  fuch  War- 
rant, and  the  Officer  executing  it,  fhall  not  charge  the  Infptdor,  or  any  other, 

any  Coft,  and  if  paid  in  Difcharge  of  the  Levy  by  this  A61  impofed,  fhall  give  a 
Receipt  for  the  fame  -,  and  if  in  Difcharge  of  any  other  PubUc,  County,  or  Parifh 
Levy,  then  the  faid  Infpedor  fhall  give  a  Note  for  the  fame,  in  Manner  as  here- 
in after  mentioned  :  But  in  Cafe  fuch  Comm.odity  tendered,  be,  by  the  faid  Free-  p-rfons  tendeiing 
holders  adjudged  bad,  and  not  found  and  merchantable,  the  Perfon  fo  tendering  t,';''f^,f^J"ha1'fthe 
the  fame  fhall  forfeit  Half  the  Value  of  fuch  Commodity  fo  tendered,  as  rated  by  Vaiue,    with 
this  Ad,  provided  the  fame  had  been  good,  together  with  Cotls  •,  to  be  paid  to  *^®'*'' 
the  Churchwardens  of  the  Parifh  where  fuch  Commodity  fhall  be  tendered,  to  be 
applied  to  the  Ufe  of  the  faid  Parifh, 

"K.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  every  In-  infpeaor  to  open 
-fpector  fhall,  and  is  hereby  authorized,  to  open  every  Hogfhead,  Cafk,  or  Bar-  cnmmndities,  & 
rel,  and  diligently  view  and  examine  the  fame,  and  every  Commodity  fo  deliver-  *°  ""^'^  '^'^'"* 
ed  j  and  if  fuch  Infpedor  fhall  think  fuch  Commodity  tendered  to  be  paid,  is 
good,  found,  well-conditioned,  and  merchantable,  he  fhall  weigh  the  fame,  with 
Weights  of  the  lawful  Standard,  or  proved  Stilliards,  for  Eighteen  Months  only, 
after  the  Ratification  of  this  Ad:,  and  fhall  keep  an  exad  Account  of  all  fuch 
Commodities  by  him  received  ;  and  when  he  fhall  receive  any  Hogfhead,  Cafk,  ^|^Vwi"h'''h''^ 
or  Barrel,  wherein  is  contained  Tobacco,  Tallow,  Rice,  or  Bees-Wax,  when  the  Name  of  the 
fame  fhall  be  allowed  good  and  merchantable,  and  weighed  by  him,  he  fhall  ^e'creft 'and*^ 
ftamp  every  fuch  Hogfhead,  Cafk,   or  Barrel,  with  the  proper  Mark  of  the  Nett  Weight. 
Warehoufe,  or  caufc  the  fame  to  be  done,  in  the  Prefence  of  the  Perfon  fo  pay- 
ing the  fame  \  and  fhall  alfo  mark  thereon,  in  like  Manner,  the  Tare  of  the  Hog- 
fhead or  Cafk,  and  the  Nett  Qiiantity  therein  contained. 

H  h  XL  ANB 


122  L  A  IV  S    of   North -Carol  I  N  A. 

A.  D.     1740. 

li^Tra^sTo'  'tz      ^^'  AND  be  ii  further  Enacted,  by  the  Authority  aforefaid^  That  if  anyCom- 
*r  t.^  f.-r  Cm-  nibdity  fliall  be  brought  to  any  of  the  Warehoufes  for  Difcharge  of  any  other 
o^oduicsbythem  p^bii^^  County,  or  Parilh  Levies,  than  what  is  impofed  by  this  Ad,  the  faid 
Infpe<5tors,  after  they  have  viewed,  examined,  and  weighed  the  faid  Commodity, 
fhail  be  obliged  to  deliver,  to  the  Perfon  bringing  the  fame,  as  many  Promifory 
Notes,  under  their  Hands,  as  fhall  be  required,  for  the  Quantity  of  Commodities 
by  themi-eceived,  in  which  fhall  be  exprefled  the  particular  Commodity  by  them 
Notes  to     fs      received  ;  which  faid  Notes  Ihall  be,  and  are  hereby  declared  current  and  payable, 
torrent.  according  to  the  Value  of  the  Commodity  exprefled  therein,  and  fhall  be  transfera- 

ble and  deemed  a  Tender  for  Payment  of  all  County  and  Parifh  Levies,  and  like- 
wife  all  t)ebts  and  Dues,  in  Manner  as  in  this  Aft  is  hereafter  directed. 

Sheriff' to  flftend  XII.  A  N  t)  be  it  further  Ena5led,  ly  the  Authority  afore faid^  That  the  Sheriff 
We'  t^recdve  of  cvcry  County  fhall  attend  at  the  refpeftive  Warehoufes  in  his  County,  at  the 
teviei.  Times  the  Infpedor  fhall  attend,  and  receive  all  Public,  County,  and  Parifh  Le- 

vies, (except  the  Levy  which  is  hereby  impofed,  which  fhall  be  paid  to  the  In- 
fpedors  only,  and  they  accountable  to  the  CommifTioners,)  which  fhall  then  be 
paid  them  in  Infpedors  Notes,  current  Bills,  or  Proclamation  Money,  by  the 
Perfons  noe  pay-  perfons  owing  the  fame  •,  and  if  any  Perfon,  chargeable  with  the  Dues  or  Levies 
fc"ir'''the  hft  "  aforefaid,  fhall  negleft  or  refufe  to  pay  the  fame,  on  or  before  the  laft  Day  of 
januray.  Sheriff  January ^  Yearly,  it  fhall  and  may  be  lawful  for  the  Sheriff  or  other  Colleftor, 
*  '    '"*         after  the  Tenth  Day  of  February^  Yearly,  to  diftrain  the  Goods  and  Chattels  of 
the  Perfon  or  Perfons  fo  negleding  or  refufing,  and  to  fell  and  difpofe  thereof,  at 
Public  Vandue,  for  the  Money,  Tobacco,  drefl  Deer-Skins,  Tallow,    or  Bees- 
Wax,  or  any  of  them,  after  having  given  Notice  Ten  Days  before  fuch  Sale  •,  and 
the  Overplus,  if  any,  after  paying  the  faid  Levies  and  Dues,  and  the  Charges  of 
Diftrefs,  (which  is  hereby  declared  to  be  the  fame  as  for  ferving  an  Execution,) 
Ihall  be  returned  to  the  Debtor. 

Shtrifif  or  Col.      XIII.  A  N  D  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  the  Sherifs 
l5fa"s°Nofes °o  or  other  Colledors  of  the  faid  Levies,  fhall,  in  one  Month  after  the  colleding  and 
the  Petfons  ap-  recciving  fuch  Levies  and  Taxes,  pay  the  Infpeftors  Notes  they  lliall  have  re- 
thimf  deduatg  ceived  in  Satisfadion  thereof,  after  deducing  Three  per  Cent,  for  colleding,  to 
ipcr'ccnt.         the  Perfons  appointed  to  receive  the  fame-,  to  -wit,  the  Notes  received  for  the 
Parifh  and  County  Taxes,  to  the  Perfons  appointed  and  impowered  in  the  feveral 
Counties  and  Parifhes  to  receive  the  fame,  who  fhall  transfer  the  faid  Notes  to 
any  Perfon  having  any  Demand  in  the  Parifh  or  County  ;  and  the  InfpectorB  Notes 
ve^'p'id'^'to"the  received  for  Difcharge  of  the  Public  Taxes,  fhall  be  paid  in  Manner  following  ^ 
Txeafurerj.         that  is  to  fay,  the  Sheriff  of  Craven^  Carteret,  Onflow,  New-Hanover^  and  Bladetf 
Counties,  fhall  pay  all  the  Infpectors  Notes  by  them  received,  and  account  with 
Edward  Mofeley,  Efq;  Public  Treafurer  for  the  faid  Counties :  And  the  Sherifs  of 
Chowan,  Pequimons,   Pafquotank,    Currituck,  Bertie,  Edgcomb,    Tyrell,  Beaufort^ 
and  Hyde  Counties,  fhall  pay  all  the  Infpectors  Notes  by  them  or  any  of  them  re- 
ceived, in  Difcharge  of  fuch  Levies,  and  account  with  John  Hodgfon,  Efq;  Pub- 
lic Treafurer  for  fuch  Counties  :  Which  faid  Treafurers  are  hereby  impowered  and 
directed,  to  transfer  fuch  Notes  to  any  Perfon  who  have  any  Claim  or  Demand  or» 
the  Public,  for  any  Money  payable  out  of  fuch  Tax  or  Levies. 

XIV.  AND  whereas  a  Public  Tax,  for  fupporting  the  contingent  Charges  of 
this  Government,  is  laid,  at  Five  Shillings  fer  Poll,  current  Bill  Money  of  thi» 
Province  •,  to  prevent  Confufion  in  the  Receipt  of  the  fame,  by  Virtue  of  this  Act, 

?/  Tm  ''"''       ^^'  ^  ^  ^^  Enacted,  by  the  Authority  aforefaid.  That  Eight  Pence,  Procla- 

**  ^  '■  '  *'        mation  Money,  fhall  be  deemed  equal  to  the  faid  Plve  Shillings,  and^  be  paid 

itt  Commodities,  according^  t«  the  Intent  of  this  Act  -,  and  all  Parilh  ana  County 

Taxes* 


LAWS    o/'    North-Carolina.  123 


Taxes,  and  all  other  Taxes,  laid  in  Bills,  (hail  be  paid  and  uifcharged  in  Com-    f^_}^ 
modities,  as  herein  rated  in  Proclamation  Money,  Regard  being  hau  to  the  L/if-  Taces  t>.  b=  paid 
ference  of  Proclamation  Money  and  Bills,  in  Value.  in  Commodims. 

XVI.  AND  he  it  further  EnaSted^  by  the  Authority  aforefaid.  That  for  every  infpeftor  to  ai- 
Hoo-fhead  of  Tobacco  brought  to  any  Warehoufe  in  good  Caflc,  ot  the  Dimen-  furdfls!""  ^'''** 
fions  of  Forty  Eight  Inches  in  Length,  and  Thirty  1  wo  Inches  in  Width,  at  the 

Heads,  and  containing,  at  leaft,  Seven  Hundred  Weight  of  Tobacco,  there  Ihall 

be  allowed,  by  the  Infpedor,  to  the  Perfon  bringing  the  fame.  Thirty  Pounds  of 

Tobacco  for  the  Cafk  j  and  alfo,  there  Ihall  be  allowed  to  the  Infpcdtor,  by  the  infpeanr  to  be 

Perfon  taking  the  fame  away.  Two  Pounds  of  Tobacco  tor  every  Hundred  fo  S^ttShniiE 

paid  aw  ;y,  and  fo  in  Proportion  for  a  greater  or  lefier  Quantity,  for  Shrinkage  ^gc 

and  wafting  of  the  faid  Tobacco,  to  be  paid  at  any  Time  withm  Two  Months 

after  the  Late  of  the  Note  given  for  the  fame  ;  and  One  Pound /)<,t  Hundred  for 

every  Month  after  the  fame  fhall  be  unpaid  after  the  faid  Tat©  Montns,  and  no 

more,  fo  as  the  whole  doth  not  exceed  Six  Pounds  for  every  Hundred. 

XVII.  AND  for  the  better  enabling  the  Infpedors  to  deliver  out  Promifory 
Notes,  and  to  take  Care  of  the  Commodities  to  be  brought  to  the  Warehoufe,  Be 

it  jurther  Enamd,  by  the  Authority  aforefaid^  That  the  Infpedors  Ihall  be  allow-  Jj'if*d''"/°„^ 
ed  all  reafonable  Charges  for  providing  printed  Notes,  and  aifo  tor  finding  Cafk,  edNotes^  sf*. 
Nails,  and  other  Materials,  for  packing,  prizing,  and  prefcrving  fuch  oi"  the  Com- 
modities as  require  it  j  to  be  paid  to  them  as  hereafter  mentioned. 


refu- 

deliver 


XVIII.  AND  he  it  further  Ena£fed^  hy  the  Authority  aforefaid.  That  if  any  Y^^^°^ 
Infpeclor  mail  neglect  or  retule  to  deliver,  to  any  Perlon  requiring  the  lame,  any  cmmcd  ties,  to 
or  the  Commodities  for  which  he  hath  given  his  Note,  he  fhall  lorfeit  and  pay,  y^iy^^"^"""* '^* 
for  every  fuch  Offence,  to  the  Party  grieved,  double  the  Value  of  the  Commodi- 
ties demanded  by  fuch  Note  or  Notes ;  to  be  recovered  by  a  Warrant  from  I  wo 

Juftices  of  the  Peace  of  the  faid  County  where  fuch  Perfon  is  Infpector,  who  are 
hereby  authorized  to  hear  and  determine  the  fame,  and  caufe  iixecution  to  be 
made. 

XIX.  P ROV ID E  D  always.  That  fuch  Perfon  or  Perfons  who  is  or  are  owners  to  take 
poiTeired  of  any  Notes,  or  who  fhall  have  any  Demancs  on  the  i  ubjic,  to  be  paid  ^'J''^|„^""™''',7 
by  the  faid  Notes,  fliall  take  away  all  and  fingular  the  Goods  fpecified  in  any  Note  i,  or'  tViie  "t 
or  Notes,  on  or  before  the  Firil  Day  of  April,  in  every  Year ;  or  if  liach  Goods  ^^^^^  own  Rifk. 
remain  in  the  Warehoufe  after  that  Time,  it  fhall  be  at  the  Rifque  of  the  Perfon 

or  Perfons  intituled  to  the  fame,  by  Virtue  of  fuch  Notes,  or  who  have  any  De- 
mands on  the  Public,  payable  out  of  fuch  Taxes. 

XX.  PRO  V  ID  E  D  alfo.  That  the  Public  Treafurers  may,  at  any  Time  be-  PubiicTreafureM 
fore,  difpofe  of  any  of  the  Commodities  paid  in  as  aforefaid,  tor  the  Public  Tax,  "^^v  <'^'p."'"«  °f 
for  Money,  at  the  Rates  herein  before  mentioned ;  and  all  Commodities  remain-  anTrlme.'**  * 
ing  in  any  of  the  aforefaid  V/arehoufes  after  the  Firft  Day  of  yipril^  and  after  pay- 
ing all  Charges  and  Demands  on  the  Public,  payable  out  of  the  faid  Tax,  the 

faid  Treafurers  may  difpofe  of  the  fame,  at  Vandue,  to  the  higheft  Bidder,  firft 
giving  Ten  Days  Notice  of  fuch  fale. 

^  XXL  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid,  Thafthe  Juf-  juftice,  to  a^- 
tices  of  each  County,  at  the  Court  to  be  holden  for  each  County  next  after  the  [n|j"tV,"'i',f^''^ 
Ratification  of  this  Act,  fhall  appoint  one  Infpector  for  each  Warehoufe  in  each  them  for  their 
County,  which  Infpector  fhall  receive  all  the  Commodities  tendered  to  him  in  ni"'"/*""/*' 
Difcharge  of  the  Tax  or  Levy  impofed  by  this  Act,  and  account  with  the  Com- 
mifTioners  and  Treafurers  herein  before  named  for  the  fame,  and  fhall  always  re- 
ceive the  Commodities  paid  in  Difcharge  of  the  other  Levies  and  Taxes,  accerding 


124  LAWS    (5/    North-Carolina. 

A^  D    1740.    to  ti^e  true  Intent  and  Meaning  of  this  Act,  and  Ihall  agree  with  fuch  Infpe6tor 
V  for  their  Salary ;  and  if  the  Juftices  rcfufe  or  negled  fo  to  do,  each  Juftice  fo  neg- 

lefting  or  refufmg,  fhall  forfeit  and  pay,  to  his  Majefty,  Five  Pounds,  Proclama- 
tion Lvloncy,  to  be  applied,  by  the  Governor  or  Commander  in  Chief,  towards 
Payment  ot  the  Salary  of  the  Infpedor  ot  th^t  County,  which  fhall  be  afterwards 
appointed  by  the  Governor  •,  to  be  recovered,  by  any  Perfon  who  fhall  fue  for 
the  fame,  in  any  Court  of  Record  in  this  Province,  by  Adion  of  Debt,  Bill, 
Plaint,  or  Information  y  wherein  no  Effoign,  Protedion,  or  Wager  of  Law,  fhall 
be  allowed. 

j,,ftic«  to  lay  a       XXII.  AND  be  it  further  Em£fed,  hy  the  Authority  aforefaid.  That  the  Tuftices 

Tax,  not  I'XCi-ed  _  1^-.  \        r^  .it-»--  ■  ,-    •'  ^  ^ 

ing ,  s.  to  build  ot  each  County,  at  the  Court  next  aker  the  Ratihcation  of  this  Ad,  and  fo  Year- 

Warchoufes.Gf..  ]y^  fl^^n  j^.^y^  Fowcr  to  employ  Perfons  to  build  Warehoufes,  or  make  Additions 

or  Repairs  to  thofc   already  built,  and  fhall  provide  "Weights,  Scales,  and  other 

Neccflkries,  and  pay  the  Infpedors  •,  and  to  detray  the  Expences  thereof,  Ihall  and 

may  lay  a  Levy,  Yearly,  on  every  tithable  Perfon,  not  exceeding  One  Shilling, 

Proclamation  IVioney,  per  Tithable,  to  be  paid   and  collcded  by   the  Sheriff,  in 

Manner  as  all  other  Levies  are,  excepting  the  Levy  laid  by  this  Ad,  for  which  the 

siieriff  allowed  3  Sht riff  fhall  be  only  allowed  Three  per  Cent,  for  collecting:  And  the  faid  Juftices 

{ttt.'g'    """'  ^^^  hereby  impowered  to  turnout  any  Infpector  or  Infpectors,  on  Complaint, 

juitices  to  turn  g^d  Prool  of  iViifbehaviour  in  his  or  their  OfHces,  and  to  appoint  others  in  his  or 

cue  Infpeaors.       ^,     .      ■,,  ^^ 

their  Ivooin. 

infpea-r  to  t^ke  XXIIL  A  N  D  he  it  further  Enacted.,  hy  the  Authority  aforefaid.  That  every 
an  Oath,  to  g.ve  Perfon  who  fhall  be  appointed  Infpector,  fhall,  before  he  enters  upon  the  Execu- 
tendai theWarll  tion  of  his  Office,  take  the  following  Oath,  viz.  That  he  will  car.fuily  view  and 
fcoufe.  examine  all  Commodities  brought  to  the"  Warehoufe  whereof  he  is  Infprdor,  and, 

to  the  beft  of  his  Skill  and  Judgment,  not  receive  any  Commodity  in  this  Ad 
mentioned,  that  is  not  found,  well-conditiond,  and,  in  his  Judgment,  merchan- 
table, and  faithfully  difcharge  the  Duty  of  his  OfEce,  without  Favour  or  AfFcdi- 
on  ;  and  fhall  alfo  enter  into  Bond,  with  good  Securities,  in  the  Penalty  of  Five 
Hundred  Pounds,  Proclamation  Money,  payable  to  his  Majefty,  with  Condition, 
for  the  true  and  faithful  Performance  of  his  laid  Office  and  Truft  •,  and  fhall  con- 
ftantly  attend  at  the  Warehoufe  under  his  Charge,  at  the  Times  in  this  Ad  men- 
tioned. 

psnait)'  an  p«"  XXIV.  AND  he  it  further  EnaSfed,  hy  the  Authority  aforefaid^  That  if  any 
f^^Oi.^xT^lKti'  Perfon  or  Perfons  fhall  forge  or  counterfeit  any  Infpedors  Note,  or  tender  in  Pay- 
ment any  fuch  forged  or  counterfeit  Note,  or  demand  any  Commodity  of  any  In- 
fpedor  upon  any  fuch  forged  or  counterfeit  Note,  knowing  the  fame  to  be  fo, 
he  fhall  be  fined  Fifty  Pounds,  Proclamation  Money,  ftand  one  Hour  in  the  Pil- 
lory, with  his  Ears  nailed  thereto,  and  cut  off. 

Accidents  by  F:re       XXV.  AND  he  it  further  EmHed,  hy  the  Authority  aforefaid^  That  if  any 

by  the'Affeinbly'!   Warchoufc,  or  any  Houfe  wherein  any  Commodities  arc  lodgcd,  payable  by  this 

Ad,  fhall  accidentally  be  burnt,  the  Lofs  fuftained  thereby  fhall  be  made  good  and 

repaired  by  the  General  AfTembly,  at  the  next  Stflions  after  fuch  Lofs,  at  the 

Charge  of  the  Public. 

XXVI.  A  N  D  to  enable  the  Inhabitants  of  this  Province  to  pay  Fines  and 

Forfeitures,  and  to  relieve  Debtors,  as  to  the  Imprifonment  of  their  Perfons  ;  Be 

Fines,   F'^rf,-;-    it  Enabled.,  hy  the  Authority  aforefaid^  That  every  Perfon  who  fhall  be  liable  to 

TTm  °^n^ii'''  P^y  F^"e  and  Forfeiture,  or  Debts,  due  by  Judgment,  or  againft  whom  Execu- 

^peftort  Nutes.    tion  fhall  iflue,  for  any  Debt  or  Debts  hereafter  to  be  contracted,  only  Ihall  and 

may  carry  any  of  the  Commodities  in  this  Ad  mentioned  to  a  Public  Warehoufe, 

in  the  County  where  fuch  Debtor  has  contraded  fuch  Debt,  which  Ihall,  by  Vir- 

'  tuc 


LAWS      ofNoRTH-CAROLINA.  1 25 

tue  of  this  Ad,  be  built  or  hired,  and  the  Infpector  fliall  infpect  the  fame,  in  the  f-J^  2]'^^ 
Manner  by  this  Act  directed,  and  if  good,  fliall  depofite  the  fame  in  the  Ware-  ^■"""^^''-^ 
houfe,  and  fhall  give  fuch  Perfon  a  transferable  Note,  in  the  Manner  directed  to 
be  given  by  this  Act,  on  the  Receipt  of  Commodities  for  Public  Levies  •,  which 
Notes  the  Perfons  intituled  to  have  and  receive  fuch  Fines  and  Forfeitures,  or  Per- 
fons  to  whom  Monies  are  due,  on  fuch  Judgments,  or  from  Perfons  being  in  Ex- 
ecution, as  aforefaid,  fhall  accept,  at  the  RatSf  the  Commodities  mentioned  in 
fuch  Note  are  valued  at  by  this  Aft  ;  and  fuch  Note  tendered  fhall  be  deemed  a 
fufHcient  Payment  of  fuch  Fine  and  Forfeiture,  Judgment  and  Execution,  as 
aforefaid,  as  if  made  in  Proclamation  Money,  Regard  being  had  to  the  Exchange 
betv/een  Proclamation  Money,  and  the  Money  to  be  paid  by  fuch  Perfon  who 
tenders  fuch  Note  ;  provided  fuch  Note  be  tendered  within  the  Time  fuch  Com- 
modities are  by  this  Adl  to  remain  in  the  Public  Warehoufes. 

XXVII.  PROVIDED  always.  That  nothing  in  this  Ad  fhall  extend  to  ^J^;!i  ^1  ,%\ 
intitle  Ofhcers  to  take  higher  Fees  than  heretofore,  but  the  fame  fhall  be  taken  at 

the  Rate  of  Four  for  One,  in  Bills,  from  the  Table  of  Fees,  when  paid  in  Bills, 
or  may  be  paid  in  Commodities  by  Infpedors  Notes,  as  rated  in  this  Ad,  in  Bills, 
as  Four  bares  in  Proportion  to  Seven  and  a  Half,  until  the  fame  fhall  be  further 
regulated  by  an  Ad  of  AfTembly. 

XXVIII.  PROVIDED  alfo.  That  nothing  in  this  Ad  fhall  extend  to  effed 
the  Loan  Money  j  but  the  fame  fhall  remain  as  before  the  pafTing  of  this  Ad. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor, 

William  Smith,  Prefident, 

John  Hodgson,  Speaker. 


•y  ^  ^  ^  W  tg" 


Anno 


L  A   IV  S    o/'    North-Carolina. 


Anno  Regni 


G  E  O  R  G  I  I    II 

Regis,    Magudd  Britannia,  Francis,  & 
Hiberni^y  Decimo  Quinto, 


127 


A.  D.    1/41. 


c^^^qp^^>/^^'^'4:^'V>^^''4?-^P-^^P'^'^-P^Q^^ 


At  a  General  ASSEMBLY,  held  at  Edentor/,   the  Fourth  ga  bb  j^:, 
Day  o{  ^fril,  in   the  Year  of   our  Lord  One  Thoufand  £iq}Goveinw. 
Seven  Hundred  and  Forty  One. 


C  H  A  P.     I. 

Aft  ABj  concerning  Marriages, 

I.  TT^  O  R  preventing  clandeftine  and  unlawful  Marriages,  We  pray  that  it  may  Minuter,  or 
JP  be  Enaded,  And  be  it  Ena^ed,  by  his  Excellency  Gabriel  Johnfton,  Efq;  italJpeS. 
Covernory  by  and  with  the  Jdvice  and  Confent  of  his  Majejiy's  Council^  and  the 
General  Affembly  of  this  Province^  and  it  is  hereby  EnaBed^  by  the  Authority  of  the 
fame.  That  every  Clergyman  of  the  Church  of  England,  or  for  want  of  fuch,  any 
lawful  Magiftrate,  within  this  Government,  Ihall,  and  they  are  hereby  diredled, 
to  join  together  in  the  Holy  Eftate  of  Matrimony,  fuch  Perfons  who  may  lawfully 
enter  into  fuch  a  Relation,  and  have  complied  with  the  Direftions  herein  after 
contained. 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Juftice  No  juftice  t* 
of  the  Peace  of  any  County  in  this  Government,  fhall  join  together  in  Marriage,  Sert  in  the 
any  Perfons  whofoever  in  any  Parifh  where  a  Minifter  fhall  refide  and  have  a  P""^,  on  Pca. 
Cure,  without  Permiffion  firft  had  and  obtained  from  fuch  Minifter ;  under  the  °'  ^ '' 
I^enalty  of  Five  Pounds  Proclamation  Money,  to  the  Ufe  of  the  Minifter. 

III.  AND  be  it  further  Enacted,  by  the  Authority,  aforefaid.  That  no  Minifter  No  Mint 
or  Minifters,  Juftice  or  Juftices  of  the  Peace,  within  any  of  the  Parifties  of  this  K" ," 
Government,  ftiall  celebrate  the  Rites  of  Matrimony  between  any  Perfons,  or  <"•  ''"^'i 

.join  them  together  as  Man  and  Wife,  without  Licenfe  firft  had  and  obtained  for  ^T'^^'x, 
that  Purpofe,  according  to  the  Direftions  of  this  Adt,  or  Thrice  Publication  of 
the  Banns,  as  prefcribed  by  the  Rubrick  in  the  Book  of  Common-Prayer ;  And 

if 


'fler    or 
to  marry 
Licenfe, 
or  Publication  of 
Banns,  on    Pen* 


1 


MinifVer     going 


128  L    A    I'f^S      of     ISloRTH-CAROLIii  A, 

A.  D.  i74t.  if  any  Minifter  or  Minifters,  Juftice  or  Juftices  of  the  Peace,  fhall,  contrary  to 
the  true  Intent  and  Meaning  of  this  A(5t,  celebrate  the  Rites  of  Matrimony  be- 
tween any  Perfons,  or  otherwife  join  them  in  Marriage,  he  or  they  fo  offending, 
Ihall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  •,  to  be  re- 
covered and  applied  as  herein  after  is  directed  :  And  if  any  Minifter  lliall  go  out 
out  of  the  Go.  of  this  Government,  and  there,  contrary  to  the  true  Intent  and  Meaning  of  this 
mTr^n"g''pcrfons  Aft,  joltt  together  in  Matrimony  any  Perfon  or  Perfons  belonging  to  this  Go- 
of this  Govern  ■  vemment,  without  fiich  Licenfe,  or  Publication  of  Banns,  as  is  herein  prefcribed, 
Licenfe,  wB^inns  cvcry  Minifter  fo  offending,  fhalJ  incur  the  fame  Penalties  and  Forfeitures,  as  if 
pubii(hed,t<>i.Kur  j-]^e  fanie  had  been  done  in  this  Government. 

the  fame  Penulty. 

Clerk  or  Reader       IV.  P  RO  VID  E  D  alwdys,  mid  be  it  further  Ena5led^  by  the  Authority  afore- 
B:ls?an?g,ve  f^'id^  That  where  any  Parilli  or  PariHies  have  not  a  Minifter,  it  ftiall  and  may  be 
CLrtifi'catf.         lawful  for  the  Clerk  or  Reader  which  fhall  be  appointed  by  the  Vefbry  of  the  faid 
Parilh,  to  publifh  the  Banns  between  any  Perfons  deliring  the  fame,  and  if  no  Ob- 
.    jeftion  be  made,  to  grant  a  Certificate  thereof;  and  fuch  Certificate  fhall  be  fuHi- 
cient  for  any  Minifter  or  Juftice  of  the  Peace,  to  folemnize  the  Rites  of  Matri- 
mony between  the  Parties  fo  publifhed.   ■ 

If  ihty  gr.int  a  Y .  A N D  be  it  further  Enabled,  by  the  Authority  aforefaid^'Thzx.  if  any  Mi- 
to"^fuff r  as"7n  "ifter,  Clerk,  or  Reader,  fliall  grant  a  falfe  Certificate,  he  or  they  fo  offending. 
Cafe  of  Forgtry.  fhall  bc  liable  to  fuch  Punifhment  as  in  Cafe  of  Forgery  at  Common  Law  •,  and 

all  fuch  Offences  ftiall  be  profecuted,  tryed,  and  determined,  in  the  General  Court 

of  this  Province. 

Proceedings  to  be  ^L  AND  be  it  furtheY  Enacted^  by  the  Authority  aforefaid.  That  all  Licenfes 
had  in  obtaining  for  Mafriagcs  fhall  bc  ifTued  by  the  Clerk  of  the  Court  of  that  County  wh^re  the 
cenfe'""^*  ^''  Fcmc  fhall  have  her  ufual  Refidence,  and  by  him  only,  and  in  fuch  Manner,  and 
under  fuch  Rules  and  Direftions,  as  are  herein  after  provided  ;  that  is  to  fay.  He 
Ihall  take  Bond,  to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  with 
good  Sureties,  in  the  Penalty  of  Fifty  Pounds,  Proclamation  Money,  under  Con- 
dition, ,That  there  is  no  lawful  Caufe  to  obftruft  the  Marriage  for  which  the  Li- 
cenfe fhall  be  defired  :  And  if  either  of  the  Perfons  intended  to  be  married  fhall  be 
under  the  Age  of  Twenty  One  Years,  and  not  theretofore  married,  the  Confent 
of  the  Parent  or  Guardian  fhall  be  perfonally  given  before  the  laid  Clerk,  or  fig- 
nified  under  the  Hand  and  Seal  of  the  faid  Parent  or  Guardian,  and  attefted  by 
Two  WitnefTes  •,  all  which  being  done,  the  Clerk  fliall  write  the  Licenfe,  and 
fliall  certify  fpecially  the  faid  Bond  :  And  if  the  Perfons  in  the  Licenfe,  or  either 
of  them,  be  under  the  Age  of  Twenty  One  Years,  he  fliall  alfo  certify  the  Con- 
fent of  the  Parent  or  Guardian  of  fuch  Perfon  fo  under  Age,  and  the  Manner 
thereof,  to  the  firft  Juftice  in  CommifTion  of  the  Peace  for  that  County,  or  to 
.  fuch  other  Perfon  as  fhall  be  thereto  comniifhonated  by  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being  •,  which  Premifes  being  performed,  the  Juf- 
tice of  the  Peace  or  other  Perfon  commiffioned  as  aforefaid,  is  hereby  authorized, 
impowerc-.-l,  and  required,  to  fign  and  direft  the  faid  Licenfe  -,  and  a  Licenfe  fa 
obtained  and  figned,  and  no  other  whatfoever,  is  declared  to  be  a  lawful  Licenfe, 
according  to  the  true  Intent  and  Meaning  of.  this  Aft :  And  if  any  County  Court 
Clerk  fliall,  in  any  Manner,  ifilie  any  Licenfe  of  Marriage,  or,  contrary  to  this 
Aft,  make  Certificate  of  any  Licenfe  of  Marriage  ;  and  if  any  Perfon  whatfo- 
ever fhall  fign  or  direft  a  Licenfe  in  any  other  Manner  than  is  by  this  Aft  per- 
mitted and  allowed  ;  all  and  every  Perfon  or  Perfons  fo  offending,  fhall  forfeit  and 
pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  j  to  be  recovered  and  applied 
as  herein  after  is  direfted. 

d!r"'"wit^'i,^"''  ^^^'  ^ N D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  any  Mi- 
pwbiifhTns  »aL»  nifter  or  Reader  Ihall  willingly  publifti,  or  cayfe  or  fuffer  to  be  publifhed,  the 

Banr^ 


LAWS    o/'North-Carolina.  129. 

, _-_ — v 

Banns  of  Matrimony  between  any  Servants,  or  btrtween  a  tree  1  trfon  and  a  Ser-    "fiLilllj 
vanti  or  if  any  Miniftcr  or  Juilice  of  the  i^eage  Ihall  wittingly  cei>.br..te  the  Kit.s  wwecn  s.rvan,* 
of  Matrimony  between  any  fuch,  without  a  L'ertjiicate  from  the  Mafttr  or  Mif-  *  '^nui  M..ft.r-» 
trefs  Of  tvcry  fuch  Servant,  th.^t  it  is  done  by  their  Confcnti  he  fhall  lontit  and  ^1'"'  '"  """* 
pay  Five  Pounds,    IrocJamation  Monty,    to  the  Lfe  of  the  IVjafttr  or  Owner 
of  fuch  Servant;,  to  be  recovered  by  Action  of  Debt,  Bill,  I'laiut,  or  informa- 
tion :  And  every  Servant  fo  married,  without  the  Confent  of  his  or  her  Mailer  cr  Servant  m  rrying 
Miftrefsj  fhali,  for  his  or  her  faid  Offence,  ferve  his  or  her  faid  Mafter  or  Mil-  ^^1^"^'  y^^"* 
trefs,    their  Executors,  Adminiilrators,   or  Affigns,  One  whole  Year,    after  the 
Time  of  Service  by  Indentui^e  or  Cuilorn  is  expired, 

VIII.  A  N  D  be  it  further  Ena^edy  by  the  Authority,  af or efaid^  That  the  Clerk  cierk  to  awunn 
of  each  County,  Annually,  at  or  before  the  Twenty  Fifth  Day  of  March,  fhall  fend  ^;;|'  'for°MlJ2 
or  deliver  to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  an  exadt  t.ag'^:  t.cecLs. 
Account  of  the  Marriage  Licences  ilTued  by  him  ;  and  each  Clerk  faihng  herein, 

Ihall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation  Money ;  to  be  levied 
and  applied  as  herein  after  is  direfted. 

IX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Fees  F'^es. 
upon  the  faid  Marriages,  fhall  be  as  foUoweth ;  that  is  to  fay, 

TO  the  Governor  or  Commander  in  Chief  for  the  Time  being,  for  each  Lif. 

cence  of  Marriage,  Twenty  Shillings,  Proclamation  Money. 

T  O  the  Clerk  of  the  County  Court,  for  iffuing  the  fame,  and  taking  the  Bond, 
Five  Shillings,  of  the  like  Money. 

T  Q  the  Minifter,  for  marrying,  if  by  Licence,  Ten  Shillings,  if  by  Banns, 
Five  Shillings,  of  the  like  Money. 

•  T  O  the  Juflice  of  the  Peace,  for  marrying.  Five  Shillings. 

T  O  the  Minifler  or  Reader,  for  publifhing  the  Banns,  and  granting  Certificate, 
One  Shilling  and  Six  Pencej  of  the  fame  Money. 

X.  A  N  D  be  it  further  Ena5ied^  by  the  Autority  aforefaid^  That  if  any  Mi-  M:niner  or  juf. 
nifter  cr  Juflice  of  the  Peace  of  any  County  cr  i-arifli  where  a  Clergyman  doth  mTrr/'Lfilwtui 
not  refide,  fhall  refufe  to  celebrate  the  Rites  of  Matrimony,  for  the  Fees  herein  f"''  J-°  '^^'''^''» 
fet  down  and  allowed,  or  fhall  demand  or  receive,  for  marrying,  either  by  them-  If  b;Brn"nsy5i! 
felves,  or  by  any  othtr  Perfon  for  them,  any  larger  Fees  than  before  mentioned 

to  be  allowed  to  the  Minifler  or  Jufticff  of  the  Peace,  he  fhall  forfeit  and  pay,  for 
every  fuch  Cff^nce,  that  is  to  fay,  if  the  Marriage  was  to  have  been  by  Lieence, 
Ten  Pounds,  or  if  by  Banns,  Five  Pounds,  Proclamation  Money ;  One  Moiety 
of  all  the  Fines  and  Forfeitures  in  this  A^  before  mentioned  and  not  particularly 
appropriated,  to  be  paid  to  the  Churchwardens  of  the  Parifh  for  the  1  ime  being, 
for  the  Ufe  of  the  Parifh  where  the  Offence  fhall  be  committed,  the  other  Moiety 
to  him  ortliem  that  will  inform  or  fue  for  the  fame;  to  be  recovered,  withCofls, 
by  Adtion  of  Debt,  Bill,  Plaint,  or  Information. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Mi-s  ^*"='*"  <'^*^»- 
niRer  or  Reader  of  any  PariOi  within  this  Government,  fhall  refufe  to  publifh  and  Jubi.lh Ss  f'^, 
certify  the  Banns,  for  the  Fees  herein  fet  down,  and  allowed  him  for  the  fame,  ''"^"[h^'i^'^j '' 
le  fhall,  for  every  fuch  Offence,  forfeit  and  pay,  to  the  Party  grieved.  Ten  JrTev.d  '.oi." ' 
Pounds,  Prodanaation  Money  j  to  be  recovered  as  before  mentioned. 

K  k  XII.  PRO' 


130  L  A  IV  S    of    North-Carolina. 

A    D.    174:. 

wI'lT'of'Th^  XII.  PROVIDED  always.  That  the  Minifter  ferving  the  Cure  of  any  Pa» 
p^r'flitohavcthe  rifli,  ihall  havc  the  Benefit  of  the.  Fee  tor  Marriages  in  the  faid  Farilh,  if  he  da 
not'  rlfuie"  fw  "°^  negled  or  refufe  to  do  the  Service  lliereof,  aitho'  any  other  Perfon  perform- 
.nother  be  em-  cd  the  iVlarriage  Ceremony. 

ployed. 

XIII.  AND  for  Prevention  of  that  abominable  Mixture  and  fpurious  Iflue,' 
which  hcreatter  may  increafe  in  this  Government,  by  white  Men  and  Women  in-< 
termarrying  with  Indians^  Negroes,  Mullees,  or  Mulattoes  5  Be  it  Ena5ied,  by 
White  Ptrfoas  ^^^  Authority  aforefaid.  That  if  any  white  Man  or  Woman,  being  free,  fhall  in- 
intermarry  ng  tcrmarry  wich  an /«im;z,  Negro,  Muftee,  of  Mulatto  Man  or  Woman,  or  any 
V^.  to'^forfcit  Perfon  of  mixt  Blood,  to  the  Third  Generation,  bond  or  free,  he  fhall,  by  Judg^ 
%ol  ment  of  the  County  Court,  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclama- 

tion Money,  to  the  Ufe  of  the  Parifh. 

Minifter  or  j,if-       XIV.  A  N  D  he  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  no  Minif- 

^rrrnr'^hkc  ^cr  of  the  Church  of  England^  or  other  Minifter,  or  Juftice  of  the  Peace,  or  other 

p-rfons  to  Ne-  Perfon  whatfoever  within  this  Government,  fhall  hereafter  prefume  to  marry  a 

Kit  5?i;    '°  white  Man  with  an  Indian^  Negro,  Muftee,  or  Mulatto  Woman,  or  any  Perfon 

of  mixt  Blood,  as  aforefaid,  knowing  them  to  be  fo,  upon  Pain  of  forfeiting  and 

paying,  tor  tvery  fuch  Offence,  the  Sum  of  Fifty  Pounds,  Proclamation  Money  i, 

to  be  applied  as  aforcfuid. 

Aiipnriexwcd-  XV.  AND  be  it  further  EnaBed^  hy  the  Authority  aforefaid^  That  the  feveral 
♦  1  t'o^be  tVed  Fines  and  Forfeitures  in  this  Aft,  which  exceed  the  Sum  of  Twenty  Six  Pounds 
in  the  G.  Curt.  Thirteen  Shillings  and  Four  Pence,  Proclamation  Money,  fhall  be  heard,  tryed, 

and  determined,  in  the  General  Court  of  this  Province  -,  and  ail  under  the  afore- 
Cou""yc'u"t!^'  fuidSum,  fhall  be  heard,  tryed,  and  determined,  in  the  Court  of  the  County  where 

the  Offence  fhall  be  committed. 

JtepeaUngChttfe.  XVI.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  all  and 
every  Acft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretofore  made,  fo 
f^r  as  relates  to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Aft, 
is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  th« 
fame  had  never  been  made. 


CHAP.     II. 

An  A5i,  to  i?npower  the  feveral  CommiJJioners  herein  named,  fo  make,  mend^ 
and  alter  the  federal  Highways,  Roads,  and  Bridges,  and  to  clear  and 
clean fe  Creeks  and  Water-Conrjes  ;  and  alfo,  to  cut  fuch  Cuts  as  they  fhall 
think  convenient,  in  the  feveral  Coitiities  herein  after  named,     EXP. 


C  H  A  P.     III. 

An  ASl,  to  give  further  'Time  for  colleBing  the  Aid  granted  to  his  Ma- 
jelly,  for  Subfiftatice  of  the  Forces  raifed  in  this  Province  ;  and  for  the 
better  colleSling  Taxes  and  Levies,  and  to  dire£i  the  Method  of  account-^: 
in^  for  the  fame  ^  and  other  Public  Monies  herein  mentioned,     O  B  S. 

CHAPi 


L  A  IV  S    of    North-Carolina.  131 

A.  D.    1741. 

CHAP.    IV.  ' — ^^"^ 

An  A5f^  to  make  a?id  confirm  that  Pa*-t  of  the  main  Road  leading  from 
Bennet'j  Creek  Bridge^  to  Virginia,  joining  to  Mr.  Henry  Baker'i,  in 
Chowan  County^  altered^  jor  the  Conve?iiency  of  the  Public^  by  the  ad-" 
jacent  Inhabitants^  to  be  the  Main  a?id  Public  Road. 

(.  "TTTHEREAS  that  Part  of  the  main  Road  joining  to  Henry  Baker*  Sy  as  Preamble. 

Y  V  formerly  laid  out  and  ufed,  is  very  hilly,  bad,  troublcfome,  and  in- 
convenient for  Carts  and  Carriages,  and  the  Inhabitants  adjacent  to,  and  obliged 
to  work  on  that  Part  of  the  Road,  have  agreed  together  and  altered  and  turned 
the  faid  Road,  and  made  it  much  fhorter,  better,  and  more  convenient  for  Car- 
riages and  PafTengers ;  and  the  faid  Inhabitants,  by  their  Petition,  having  prayed 
that  fuch  Part  of  the  Road  fo  altered  and  made  by  them  as  aforefaid,  may  be  con-- 
firmed  and  deemed  the  Piiblic  Road  : 

IT.  W  E  pray  that  it  may  be  Enadted,  And  be  it  Ena£!ed^  hy  his  Excellency  Ga-  Public  Road  de. 
briel  Johnfton,  Efq;  Governor y  hy  and  with  the  Advice  and  Confent  of  his  Majefifs  ''"***• 
Council^  and  General  Affembly  of  this  Province^  and  it  is  hereby  Enacted,  by  the 
Authority  of ^  the  fame.  That  from  and  after  the  Ratification  of  this  Aft,  that  Part 
of  the  Public  Road  from  Bennct\  Creek,  in  Chowan  County,  leading  by  Henry 
Baker's,  fo  altered  and  made  as  aforefaid,  be  confirmed  and  deemed  Part  of  the 
Public  Road,  and  no  other  ;  and  that  the  Perfons  obliged  to  work  on  and  main- 
tain the  old  Road,  be,  and  are  hereby  compelled  to  work  on  and  maintain  the 
Koad  fo  altered  j  any  Law,  Cuflom,  or  Ufage,  to  the  contrary,  notwithftanding. 


CHAP.    V. 

An  A5l^  to  appoint  Conjiables. 

\-  ^TT^  O  the  End  that  Conftables  may  be  regularly  appointed,  throughout  this 
JL     Government  i 

II.  W  E  pray  that  it  may  be  Enadled,  And  he  it  Enabled,  hy  his  Excellency  Ga-  bounty  couit» 
briel  Johnfton,  ii/^'-.  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefifs  cSks?''"''*^ 
Council,  and  the  General  Affemhly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  Courts  of  the  feveral  Counties  which  now 
»re,  or  hereafter  fhall  be,  within  this  Government,  Ihall,  at  the  Court  to  be  hol- 
den  for  each  refpedlive  County  in  this  Government,  next  after  the  Firft  Day  of 
January,  Yearly,  and  every  Year,  nominate  and  appoint  as  many  Perfons  of  their 
faid  County  as  they  fhall  judge  neceffary,  to  be  Conftables  within  the  fame,  for  the 
then  enfuing  Year;  which  Conftables  fo  appointed,  Ihall  have  the  following  Oath 
»dminiftered  to  them ;  that  is  to  fay, 

0  U  fhall  fwear.  That  you  will  well  and  truly  ferve  our  Sovereign  Lord  the  Conftabie'«Oatfe, 
J^ing,  in  the  Office  of  a  Conflable  ;  you  pall  fee  and  caufe  his  Majefifs  Peace 


X         . _„. 

to  be  well  and  duly  preferved  and  kept,  according  to  your  Power  -,  you  fhall  arreji  ^ 

all  fuch  Per  fens  as,  in  your  Sight,  fhall  ride  or  go  armed  offenfively,  or  fhall  commit       -  * 

cr  make  any  Riot,  Affray,  or  other  Breach  of  his  Majejifs  Peace  •,  you  fhall  do 
your  heft  Endeavour,  upon  Complaint  to  you  made,  to  apprehend  all  Fellons  and  Rio- 
ters, or  Perfons  riotoujly  affemhled ;  and  if  any  fuch  Offenders  fhall  makPRefifiance, 
•wttb  Force,  you  fhall  make  Hue  and  Cry^  and  fhall  fuifue  theWy  according  to  Law  v 

yoii 


132  L    A    JV    S      of     N  O  RT  H  -  C  AR  O  L  I  N  A. 

II  — — —  ■• 

A.  D.  1741.   yofi  Jhall  faithfully^  and  without  Delay^  execute  and  return  all  lawful  Precepts  to 

^ V °^  you  directed  -,  you  Jhall  well  and  duly^  according   to  your  Knowledge^  Power ^  and 

Ability^  do  and  execute  all  other  'Things  belonging  to  the  Office  of  a  Conjlable,  fo  long 
as  you  fh all  continue  in  this  Office.        ^  So  help  you  God. 

ConftabiesPower.  JU.  AND  be  it  further  EnaSledy  by  the  Authority  afcrefaid^  That  each  and 
every  Conftable,  fo  appointed,  nominated,  and  fworn,  is,  and  they  are  hereby 
invefted  with,  and  may  execute  the  fame  Power  and  Authority,  to  all  Intents  and 
Furpofcs,  as  the  Conftables  within  the  Kingdom  of  England  are  by  Law  invefted 
with  and  execute. 

Conftable  nf|.  IV.  A  N  B  bc  it  further  Enactcd,  by  the  Authority  aforefaid^  That  if  any  Per- 
lefting  to  qualify  jf^yj  qj.  Perfons,  nominated  and  appointed  Conftable  by  the  Court  of  any  of  the 
Noi°ce,  toVoU'it  Counties  within  this  Government,  Ihall  negled:  orrefufe.to  qualify  himfelf,  accord- 
50  «•  ino^to  the  Diredions  of  this  Ad,  within  Ten  Days  after  Notice  of  his  Nomination 

and  Appointment  as  aforefaid,  without  he  can  fhew  fufficienr  Caufe  for  his  Negled, 
to  be  admitted  of  by  the  Juftices,  who  lliall  or  may  grant  their  Warrant  to  recover 
the  Penalties  in  this  A6t  mentioned,  he  ftiall  forfeit  the  Sum  of  Fifty  Shillings, 
Proclamation  Money ;  to  be  recovered  by  a  Warrant  from  Two  Juftices  of  the 
Peace  in  the  County  where  fuch  Perfon  was  appointed  Conftable,  and  applied  to 
the  Ufe  of  the  County  where  fuch  Conftable  is  appointed  -,  provided  fuch  Notice 
be  in  Writing,  figned  by  the  Clerk  of  the  Court,  and  ferved  by  the  Sheriff  of  the 
County,  or  preceeding  Conftable,  on  fuch  Conftable  or  Conftables  gs  fhali  he  ap- 
pointed, iiccording  to  the  Diredions  of  this  Ad. 

Terfons  exempt  V.  P  RO  V  J D  E  D  always.  That  no  Perfon  in  Commifflon  of  any  Oflice, 
Corftabir  "^  "  ^i'^il  °^  Military,  or  Member  of  Affembly,  for  the  Time  being,  nor  any  one 
who  has  ferved  in  any  fuch  Station,  nor  any  other  who  has  ferved  as  Conftable-, 
within  the  Space  of  Five  Years  belorc,  nor  any  Perfon  who  is  exempt,  by  the 
Laws  of  England,  fhall  be  obliged  to  ferve  in  the  Office  of  Conftable  j  any  Law, 
Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

juftice  tosdmi-      VI.  AN B  be  it  furthcr  Enacted,  That  any  one  Juftice  of  the  Peace  of  the 
nifter  the  Oath.    Countv,  (hill,  and  he  is  hereby  impowered,  to  adminifter  to  the  feveral  Confta- 
bles hereafter  to  be  appointed  in  his  County,  the  Oath  direded  by  this  Ad  for 
their  Qualitication. 

OnoJatherRe.  VII.  A  N B  bc  it  furthcr  Enactcd,  by  the  Authority  aforefaid.  That  upon  the 
bies"  jufti^cef  to  Death  or  Removal  of  any  Conftable  out  of  the  Diftrid  for  wbith  he  was  appointed 
appoint"  others,  Conftable,  it  fhall  and  may  be  lawful  for  the  Juftices  of  the  County  Court,  in 
ci'ur?^  when  which  fuch  Difttid  fhall  be,  or  any  one  of  them,  to  appoint  and  fwear  another 
they  may  con-  Pgrfon,  to  be  Conftable  in  the  Room  and  Stead  of  the  Conftable  dead  or  removing 
SpToint  othe«°'  out  of  his  Diftrid  as  aforefaid,  who  fhall  Ad  until  the  next  County  Court ;  the 
Juftices  of  which  Court  fhall  then  either  continue  the  Perfon  appointed  as  afore- 
faid, or  nominate  and  appoint  a  new  one. 

CnnftaWe  r.fu  VIII.  A  N  B  bc  it  further  Enacted,  by  the  Authority,  aforefaid.  That  if  any 
f,ng  to  ferve  Pre.  ^onftable  to  whom  any  Precept  is  direded,  by  any  Juftice  of  the  Peace,  fhall  re- 
»t  the  D.fcretion  fufe  or  negled,  to  fcrVe  fuch  Precept,  he  fhall,  for  every  fuch  Uttence,  on 
efth.  Court.  Complaint  of  the  Party  profccuting,  be  fined,  at  the  Difcretion  of  the  Cctort  of 
which  fuch  Juftice  is  a  Member ;  to  be  paid  to  the  Complainant. 

For  want  of  a      IX.  A  N  D  for  the  better  executing  any  Precept  or  Mandate,  in  extraortJinary 

Conftable,  Pr.-  Cafcs ',  Bc  it  EuaBcd,  by  the  Authority  aforefaid.  That  it  fliall  and  may  be  law- 

sfjtmay  be  di.  ^^j^  ^^  ^^^  f^j.  ^^y  Juftice  of  the  Peace  within  this  Government,  to  dired  any 

fuch  Precept  or  Mandate,  in  the  Abfewce  of,  or  for  Want  of  a  Conftable,  to  any 

ferfon. 


LAWS    o/'North-Carolina.  133 

Perfon,  not  being  a  Party,  who  fliall  be  obliged  to  execute,  or  endeavour,  in  the    ^-  ^-  '741. 

belt  Manner  he  can,  to  execute  the  fame,  under  the  hke  Penahy  any  Conftable  *^ ^ ' 

fliall  be  liable  to,  by  Virtue  of  this  Ad;  to  be  recovered  and  applied  as  aforefaid.  th?r'pe'rfon7no"t 

being  a  Party. 

X.  AND  be  it  EnoMed,  hy  the  Authority  aforefaid.    That  every  Conftable  ConftabUs  ex- 
within  this  Province,  appointed  and  qualified,  as  herein  before  is  direfted,  fhall  in^TaS^'ani 
be,^  and  is  hereby  exempted  from  all  Provincial,  County,  and  Parifh  Taxes,  for  working  on  th« 
himfelfonly,  and  from  working  on  the  Roads,  for  and  during  the  Year  Jhe  fhall  ^°^'''' 

be  Conflable;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  every  i<ep«ijngciaufe, 
other  Act  and  Ads,  and  every  Claufe  and  Article  of  the  fame,  heretofore  made, 

fo  far  as  relates  to  tlie  appointing  of  Conftables,  is  and  are  hereby  repealed  and 
made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been  made. 


CHAP.     VI. 

An  ASi,  to  improve  and  amend  the  Navigation  of  New  River,  in  Onflow 

County.     O  B  S. 


CHAP.    VII. 

An  AB,  to  confirm  and  ereB  that  Fart  of  the  Province  of  North-Carolina 
called  Edgcomb  County,  into  a  County,  by  the  Name  of  Edgcomb  Coun- 
ty, and  for  efablijhing  the  faid  County  aParip;  and  for  afcertaining 
the  Boundary  Line  between  the  Northwefl  and  Society  PariJheSy  in 
Bertie  County. 

I-  WJ  H  E  R  E  A  S  the  Inhabitants  of  Edgcomb  County,  in  this  Province,  Preamble. 

V  V     ^^^  2re  very  numerous,  labour  under  great  Hardlhips,  for  want  of 
Reprefentatives  in  the  General  AlTembly  of  this  Province ; 

II.  WE  pray  that  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency  Ejgcmh  «&. 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ''''^'"^' 
jefty^s  Council,  and  General  AffemUy  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame^  That  that  Part  of  this  Province  now  called  Edgcomb 
County,  be,  and  is  hereby  eftablilhed  a  County,  by  the  Name  of  Edgeomb  Coun- 
ty, the  Bounds  whereof  fhall  be  as  follow  j  Beginning  on  Roanoak  River,  at  Jen- 
kin  Henrfs,  upper  Corner  Tree,  from  thence,  a  ftreight  Courfe  to  the  Mouth  of  '"  °°""''°' 
Cheek' %  Mill  Creek,  on  ^ar  River;  and  from  the  South  Side  of  the  faid  River, 
oppofite  to  the  faid  Creek,  a  ftreight  Line  unto  the  Middle  Grounds,  between 
Tar  and  Neus  Rivers.;  which  Ihall  be  the  dividing  Line  between  Beaufort,  and 
Edgcomb,  and  Craven  Counties  -,  and  from  thence,  up  as  nigh  as  may  be,  keeping 
the  Middle  between  the  faid  two  Rivers,  which  fliall  be  the  dividing  Line  between 
the  Counties  of  Craven  and  Edgcomb,  and  Beaufort:  And  the  County  Courts  of  commiflionen «a 
Craven  and  Edgcomb,  are  hereby,  impowered,   each  of  them,  for  their  refpedivc  laro™  IhTfJi 
Counties,  to  appoint  Two  CommifTioners  to  run  out  the  Bounds  or  dividing  Line  ^°'""^'' 
between  Craven  and  Edgcomb  -,  which  Line  fo  run  out  as  abovefaid,  and  marked, 
Kiall  be  the  dividing  Line  between  the  faid  Counties. 

L  1  III.  AND 


134  LAWS    of    North-Carolina. 

A.  D.    1741. 

oln'Xrndz       ^^^'  ^N^^^  it  further  EnaSledt  by  the  Authority  aforefaid.  That  the  Free- 

Butgdiis' ""      holders  of  the  faid  County,  qualified  to  vote,  as  theLaw  direfts,  fhall,  forever* 

after  the  Ratification  of  this  A(5l,  fend  Two  Reprefentatives  to  the  General  Af- 

fembly  of  this  Province  ;  which  Reprefentatives  Ihall  have  as  full  Power  to  confult 

and  vote  in  the  General  Affembly,  as  the  Reprefentatives  of  any  other  County. 

f  coun  ^ancT  di       ^^'  '^^^  ^^  it  further  Enacted,  by  the.  Authority  aforefaid.   That  the  faid 
proper  Officers.     County  fhall  have  Juftices  of  the  Peace,  and  a  County  Court,  with  the  like  Ju- 
rifdiftion  with  the  Courts  of  the  other  Counties  of  this  Province  -,  and  likewifc, 
a  Sheriff,  a  Coroner  or  Coroners,  and  all  other  Officers  incident  to  a  County. 

V.  A  N  D  whereas  divers  Difputes  have  arofe,  touching  the  Legality  of  the 
Courts  heretofore  eftablifhed  in  the  faid  County,  and  touching  the  Validity  of  the 
Commiflion  appointing  a  Sheriflf  for  the  faid  County  j  which  have  difquieted  the 
Minds  of  the  Inhabitants  of  the  faid  County  : 

Proceedings  of  VI.  B  E  it  therefore  Enacted,  hy  the  Authority  aforefaid.  That  all  Judgments, 
tofore,"'dcdaKd  Executious,  Ordcrs,  and  Proceedings  of  the  faid  Court,  pronounced,  iffued,  and 
valid.  made,  agreable  to  the  Rules  of  Law,  and  the  Execution  of  all  Writs  whatfoever, 

done  according  to  Law,  and  all  other  Adls  done  by  the  faid  Sherifi\,  by  Virtue  of 
his  Office  aforefaid,  be,  and  are  hereby  confirmed  and  declared  valid  -,  any  Defe6b 
in  the  Order  of  the  Governor  and  Council,  made  for  the  Eftabliihment  of  the  afore- 
faid County,  notwithftanding. 

Juftices  to  hy  a  VIL  AN D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Juf- 
court-hou'fe'''^  ^  <^ices  of  the  faid  County  Court,  be,  and  are  hereby  impowered,  to  lay  a  Poll-Tax, 
fsf'-  on  the  Inhabitants  of  the  faid  County,  not  exceeding  the  Sum  of  Five  Shillings, 

Proclamation  Money,  and  to  caufe  the  fame  to  be  levied,  in  the  Manner  other 
Public  Taxes  are  levied  and  colledled,  and  with  the  faid  Tax,  at  fome  convenient 
Place  in  the  faid  County,  at  their  Difcretion,  to  ere6l  a  Court-houfe,  Prifon,  and 
Stocks ;  and  likewife,  at  all  Times  hereafter,  as  often  as  the  faid  Court-houfe  or 
Prifon  fhall  be  out  of  Repair,  to  lay  a  Poll-Tax  on  the  faid  Inhabitants,  not  ex- 
ceeding fuch  Sum  of  Money  as  fhall  be  necefTary,  for  repairing  the  faid  Buildings. 

County  made  a  VIII,  A  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaid,  Tliat  the  faid 
from%  olhef  County  be,  and  is  hereby  eflabliffied  a  Parifh,  by  the  Name  of  Edgcomh  Parifh ; 

which  Parilh  fhall  be  diftindt  from  the  Parifhes  of  which  it  was  heretofore  a  Part ; 
Fceejioiders  to  any  Aft  of  Affembly  to  the  contrary,  notv/ithflanding  :  And  the  Freeholders  of 
anrchurchw'ar"  ^^c  faid  PaHfh,  duly  qualified  to  vote,  as  in  other  Pariflies,  "are  hereby  impower- 
<^<="s,  ed  to  choofe  a  Veftry,  and  the  faid  Veflry  to  ele<5t  Churchwardens ;  which  Veftry 

fhall  have  as  full  Power  and  Authority  to  lay  Taxes,  and  to  do  all  other  Matters 

and  Things  to  a  Veftry  belonging,  as  the  Veftries  of  the  other  Parifhes  of  this 

Province. 

Veftrie,  how  to  • "  TK.  A  N  D  to  thc  End,  the  Firft  Veftry  of  the  faid  Parifh  be  duly  Eleftedi 
bebechofen.  0e  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Sheriff  of  the  faid 
County  ftiall  fummon  the  Freeholders  of  the  faid  Parifli  to  meet,  at  fuch  Place  as- 
Ihall  hereafter  be  appointed  for  the  Court-houfe  of  the  faid  County,  who  fhall 
then  and  there  eledt  Twelve  Veftrymen,  and  the  faid  Veftrymen  fhall  then  and 
there  eled,  out  of  their  Number,  Two  Churchwardens  ;  which  Veftry  and  Church- 
wardens fhall  continue  in  Office  until  the  Time  'by  Law  appointed  for  the  Eledioti 
of  new  Veftries  and  Churchwardens  in  the  ftveral  other  Pariflies  of  this  Govern- 
ment ;  and  the  faid  Freeholders  ftiall  then,  and  for  ever  after,  eledt  Veftries  and 
Churchwardens,  according  to  the  Method  by  Law  prefcribed  for  the  Choice 'crf 
Veftries  and  Churchwardens  for  the  feveral  Parifhes  in  this  Province. 

X.  AND 


LAWS    of    North-Carolina.  135 

A.  D.    1741. 

X.  AND  for  afcertaining  the  Bounds  between  the  Northweft  and  Society  Pa-  „     'y",' u 

.-._._,  _p„  1      1        1        A      1  r-  •'^  Bounds    01    Fa- 

riihes,  m  Berhe  County,  Be  jt  Enacted^  by  the  Authority  aforefaid^  That  the  Boun-  tifes. 
dary  Line  of  the  faid  Parifhes  fhall  run  thus  -,  to  'wit^  From  the  Mouth  of  Sandy 
Rui^  to  the  Head  thereof;  and  from  thence,  in  a  ftreight  Line,  to  Ahojkey 
Swamp  ;  and  from  thence,  along  the  old  dividing  Line  between  the  faid  Two 
Parifhes  ;  which  Line  fhall,  for  ever,  be  deemed  the  Boundary  Line  of  the  faid 
Two  Parifhes  -,  any  Law  to  the  contrary,  nctwithftanding. 

XL  A»N  D  be  it  further  Enabled,  by  the  Autboriy  aforefaid.  That  the  Arrears  Arrears  of  Taxts 
now  due  from   the  Inhabitants  of  Edgcomb   County,  to  Society  and  Nortbwejt  ^^''^p^''*- 
Parifhes,  of  which  it  was  a  Part,  fhall  be  paid  to  the  Churchwardens  of  the  faid 
Society  and  Nortbwejt  Pariflief,  as  if  this  Aft  had  not  been  made. 


CHAP.    vin. 

An  A£l,  to  pf-evenf  Jlealing  of  Cattle  and  Hogs,  and  altering  and  defacing 
Marks  and  Brafidi,  and  mifmarkifig  and  mijbranding  Horfes,  Cattle, 
and  Hogs,  unmarked  and  unbranded. 

I.  TTTHEREAS  many  wicked  Men  in  this  Province,  being  too  lazy  to  Preamble. 

V V  0^^  ^^^'^  Living  by  honefl  Labour,  make  it  their  Bufmefs  to  ride  in  the 
Woods  and  fleal  Cattle  and  Hogs,  and  alter  and  deface  the  Marks  and  Brands  of 
others,  and  mifmark  and  mifbrand  Horfes,  Cattle,  and  Hogs,  not  marked  or 
branded :  And  whereas  the  Laws  in  Force  in  this  Province  arc,  by  Experience, 
found  not  to  be  fufficient  to  remedy  thofe  Evils  ; 

11.  WE  pray  that  it  may  be  Enacted,  And  be  it  Enabled,  by  bis  Excellency  Ga-  Perfons  fteaiinj 
briel  Johnflon,  £/^;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy^s  *^'"!^'„  ^'\  °l 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Cattier&c!  what 
Authority  of  tbe  fame.  That  if  any  free  Perfon  or  Perfons  fhall  fteal  any  Neat  Cat-  ^^^"*''^"  •'^*"' 
tie  or  Hog,  or  fhall  alter  or  deface  the  Mark  or  Brand  of  any  other  Perfon  or 
Perfons  Horfe,  Neat  Cattle,  or  Hog,  fuch  Perfon  or  Perfons,  being  thereof  law- 
fully convi6led,  fhall,  for  every  Neat  Cattle  or  Hog  he  or  they  fhall  Ileal  -,  or  for 
every  Horfe,  Mare,  Colt,  Neat  Cattle,  or  Hog,  whofe  Mark  or  Brand  he  or 
they  Ihall  alter  or  deface,  over  and  above  the  Value  of  fuch  Neat  Cattle  or  Hog 
fo  flole  •,  or  for  every  Horfe,  Mare,  Colt,  Neat  Cattle,  or  Hog,  whofe  Mark  or 
Brand  he  or  they  fliall  alter  or  deface  ;  forfeit  and  pay  the  Sum  of  Ten  Pounds, 
Proclamation  Money  -,  to  be  recovered,  by  Adion  of  Debt,  in  any  Court  of  Re- 
cord within  this  Province,  (wherein  no  EfToign,  Injunftion,  Protection,  or  Wager 
of  Law,  fhall  be  allowed  or  admitted  of,)  by  the  Owner  of  fuch  Horfe,  Mare, 
Colt,  Neat  Cattle,  or  Hog,  that  fhall  be  fo  Ilolen,  or  the  Mark  or  Marks,  Brand 
or  Brand?,  fo  altered  or  defaced,  provided  he  profecute  for  the  fame  within  Six 
Months  after  Difcovery  of  the  Fact  committed  ;  and  after  that  Time,  any  Perfon 
,may,  as  well  as  the  Owner,  fue  for  and  recover  the  fame,  provided  fuch  Profecu- 
tion  is  commenced  within  One  Year  after  Difcovery  of  the  Fact  committed  ;  and 
the  Offender  fhall,  over  and  above  the  faid  Fine,  receive  Forty  Lafhes  on  his 
bare  Back,  well  laid  on  •,  and  for  the  Second  Offence,  fhall  pay  the  Fine  above- 
mentioned,  and  Hand  in  the  Pillory  Two  Hours,  and  be  branded  in  the  left  Hand, 
with  a  red  hot  Iron,  with  the  Letter  T  :  And  if  any  Perfon  or  Perfons  fhall  mif- 
mark or  mifbrand  any  unbranded  or  unmarked  Horfe,  Mare,  or  Colt,  Neat  Cat- 
tle, or  Hog,  not  properly  his  or  their  own,  he  or  they  fhall  forfeit  and  pay  the 
Sum  of  Ten  Pounds,  Proclamation  Money,  over  and  J^bove  the  Value  thereof, 

»iH.  fgj" 


136  L/i  IV  S    of    North-Carolina. 

A.  D    i74.r.    for  every  luch  Horfe,  Marc,  Colt,  Neat  Cattle,  or  Hog,  fo  mifmarked  or  mif- 
^= V— -— ^  branded  ;  to  be  recovered  as  afortfaid. 

p.-rfons  feeinj  the       HI.  A  N  D  to  prcvcnt  the  Concealing  fuch  Offences,  Be  it  Enabled,  by  the  Au^ 
Sr^n/rt^ifl  thority  afcrefaid.  That  it  any  Perfon  or  Perfons  fhall  lee  any  other  Perfon  or«^er- 
covering  it  in  10  fons  Committing  any  of  the  Crimes  atorefaid,  and  fhall  not  difcover  the  fame,  in 
Diys,  to  forfeit  ^^^  D^y^^  to  lome  Magiltratc,  then,  and  in  fuch  Cafe,  fuch  Perfon  or  Perfons, 
for  not  difcovering  the  faid  Crime,  fliall  forfeit  the  Sum  of  Five  Pounds,  Pro- 
clamation Monty,  for  every  Time  he  fhall  fee  the  faid  Crime  or  Crimes,  or  any 
of  them,  committed  ;  to  be  recovered,  by  any  Perfon  or  Perfons  who  will  fue  for 
the  fame,  by  i^ftion  of  Debt,  in  any  Court  of  Record  in  this  Province  \  wherein 
no  Elibign,  Protection,  Injundlion,  or  Wager  of  Law,  Ihall  be  allowed  or  ad- 
mitted ot. 

evidence  fuffici-  IV.  AND  bccaufc  it  Is  difficult  to  convid  any  Perfon  who  has  feen  fuch 
r^p'rfon he'iaw  Cnmcs  committcd,  if  he  will  deny  the  fame;  Be  it  further  Enabled,  by  the  Au- 
the  Crimes  com-  thoTity  aforcfaid.  That  it  fliall  be  fufficient  Evidence  to  convidt  any  Perfon  who  has 
feen -any  of  the  aforcfaid  Crimes  committed,  if  it  be  proved  that  he  has  told  any 
other  Perfon  that  he  did  fee  the  faid  Crimes,  or  any  of  them,  committed. 


mitXed. 


Perfons  killing;  V.  A  N  D  whereas,  by  common  Cuflom  in  this  Province  of  killing  of  Cattle 
CattieorHpsn  ^nd  Hocrs  in  the  Woods,  great  Opportunities  are  given  to  Ileal  the  Cattle  and 
A-^w  E.iV'.m/  Hoo-s  ot  other  People  •,  Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That 
^  t  Ma*ftr/te'  ^*^  ^"7  ^^trfon  hereixfter  fhall  kill  any  one  or  more  Neat  Cattle  or  Hogs  in  the 
or  j'rre'hlid'rs  Woods,  hc  (liall,  within  Two  Days,  fhew  the  Head  and  Ears  of  fuch  Hog  or 
on  Penalty  ot  s  u  j^q^.^^  and  the  Hide,  with  the  Ears  on,  of  fuch  Neat  Beaft  or  Cattle,  to  the  next 

Mao-iitrute,  or  to  Two  fubftantial  Freeholders,  under  Penalty  of  Five  Pounds, 
.  Proclamation  Money  •,  to  be  recovered,  by  any  Perfon  who  will  fue  for  the  fame, 

by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this 

Province  -,  wherein  no  Eflbign,  Protection,  Injundion,  or  "Wager  of  Law,  Ihall 

be  allowed. 

Perfons  having        VI.  A  N  D  he  it  furtheT  Ena5ied,  by  thc  AuthoHty  aforefutd.  That  every  Perfon 
c.ttie,   &c.  io  in  this  Province,  who  hath  any  Horfes,  Cattle,  or  Hogs,  fliall  have  an  Ear  Mark 
Brlll^rZorlct  and  Brand,  different  from  the  Ear  Mark  and  Brand  of  all  ether  Perfons ;  which 
Ear  Mark  and  Brand  he  Ihall  record,  with  the  Clerk  of  the  County  where  his 
cutie,   Horfes  Horfts,  Cattle,  or  Hogs  are,  if  not  already  recorded ;  and  that  he  fhall  brand 
and  H'.gs,  wh.n  all'  Horfcs  wlth  the  faid  Brand,  from  Eighteen  Months  old,  and  upwards,  and 
landed"'''''*'  *  Ear- mark  all  his  Hogs,  from  Six  Months  old,  and  upwards,  with  the  faid  Ear 
Mark  •,  and  Ear-mark  or  brand  all  his  Cattle,  from  Twelve  Months  old,  and  up- 
wards, with  the  faid  Ear  Mark  or  Brand :  And  if  any  Difpute  fliall  arife  about 
any  Ear  Mark  or  Brand,  the  fame  fhall  be  decided  by  the  Book  of  the  Clerk  of 
the  County  Court  where  fuch  Cattle,  Horfes,  or  Hogs  are. 

Perfon,  geftmg  VII.  A  N  B  hc  it  furtheT  EnoUed,  by  the  Authority  aforefaid.  That  wKen  any 
S'ttranTthe  Pcrfon  fhall  buy  any  Neat  Cattle  from  another,  or  come  to  the  fame  by  Gilt, 
fame  with  hw  Y/ill,  or  any  other  lawful  Means,  that  then,  and  in  fuch  Cafe,  the  Perfon  who 
•wn  Mark.        ^^^  ^^.^^^  ^j^^  ^^^^^  ^^  ^^^  ^^  ^^^  ^ ^^^  aforcfald,  fhall,  within  Eight  Months, 

brand  the  aforefaid  Neat  Cattle  with  his  own  proper  Brand,  in  the  Prefence  of  Two 
creditable  WitnefTes,  a  Certificate  of  which  fliall  be  figned  by  the  faid  Witneffes. 

Thi.  Aft  to  be       VIII.  A  NT)  be  it  further  Ena£fed,  by  the  Authority  aforefaid,  Thzt  this  Aft  fhall 

llte^v'cT'    be  publickly  read,  by  the  Clerk  of  every  County  Court  in  this  Province,  at  leafl. 

Twice  every  Year,  viz.  at  the  Firfl  Court  after  Eafier,  and  the  Firft  Court  after 

Augufly  in  the  Morning,  on  the  Second  Day  of  the  Court,  in  open  Court,  under 

Penalty  of  Twenty  Shillings  Proclamation  Money  j  to  be  recovered,  by  any  Per- 


L   A    IV    S      o/'     N  O  R  T  II -Ca  R  O  L  I  N  A.  137 

fon,  by  a  Warrant,  under  the  Hands  and  Seals  of  any  Two  Juftices  of  the  Peace    "^^  ^-  'Hi- 
of  the  County,  to  the  \Jk  of  the  Informer.  "v 

IX.  A  N  D  be  it  further  EnaHed.,  hy  the  Authority  aforefaid.^  That  if  any  ftrange  s-range  Cattis 
Cattle  fhall  go  into  the  Cowpen  of  any  Fcrfon  in  this  Province,  the  Owner  of  that  cowpen".  Owner 
Cowpen,  if  he  refides  there,  or  the  Overfeer  or  Manager,  where  the  Owner  does  t°^e^'^=  Not'" 
not  refide,  (hall  be  obhgcd  to  give  Public  Notice  thertof,  by  affixing  a  Note  of  I/201'/" 
the  Flelh-marks,  and  Ear-mark,^nd  Brand  of  all  fuch  ftrange  Cattle  as  fliall  be  at 

his  Pen,  at  the  Church  Doors  of  the  Parilh  where  the  faid  Cowpen  is,  or  where 
there  is  ho  Church,  at  the  Court-houfe  Door,  in  One  Month  after  fuch  Cattle  Ihall 
come  to  his  Pen,  under  the  Penalty  of  Twelve  ShiUings,  Proclamation  Money, 
for  every  Bcafl  that  he  fhall  negled  to  give  fuch  Notice  of;  to  be  recovered  in  the 
Ikme  Manner,  and  to  the  fame  Ufe,  as  the  Fine  laft  mentioned. 

X.  AND  be  it  further  Ena£led,  ly  the  Authority  aforefaid.  That  if  any  Ne-  siav^  fteaiing  or 
groe,  Indariy  or  Mulatto  Slave,  fhall  kill  any  Horfe,  Cattle,  or  Hog,  belonging  cnUe'&c^whn 
to  any  Perfon  whatfoever,  without  the  Confcnt  of  the  Owner  or  Owners  thereof,  P'^n-'iti"  I'^^e 
or  fhall  ileal,  mifbrand,  or  mifmark  any  Horfe,  Cattle,  or  Hog,  fuch  Slave  or  '°' 

Slaves  fliall,  for  the  Firft  Cffcnce,  fuffer  both  his  Ears  to  be  cut  off,  and  be  pub- 
lickly  whipt,  at  the  Difcrction  of  the  Juftices  and  Freeholders  before  whom  he 
or  fhe  fhaJl  be  tried  •,  and  for  the  Second  Offence,  fhall  fuffer  Death :  And  the 
Tryal  and  Convidion  of  the  faid  Slave  or  Slaves,  fhall  be  in  fuch  Manner  as  is 
pr.fcribed  by  an  Act  of  Affcmbly,  intituled.  An  Act^  concerning  Servants  and  Slaves. 

XT.  ANT)  be  it  further  Enacted ^  by  the  Authority  aforefaid.  That  all  and  every  Reptaiingciaufe, 
other  A6t  and  Adis,  arid  every  Claufe  and  Article  thereof,  heretofore  made,  fo 
far  as  relates  to  the  preventing  the  ftealing  of  Horfes,  Cattle,  and  Hogs,  and  alter- 
ing and  deficing  the  Marks  and  Brands,  and  mifmarking  and  mifbranding  the 
fume,  or  to  any  otlier  Matter  or  Thing  whatfoever,  within  the  Purview  of  this 
Ad,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if 
the  fame  had* never  been  made. 


CHAP.     IX. 
» 

An  ASf,  Jor  afcertaining  the  Boundary  Line  between  Tyfell  and  Beaufoft 
Counties^  and  between  Edgcomb  County^  arid  Tyrell  and  Beaufort 
Counties. 

I.  TllT'  HEREAS  Difputes  daily  afife,  between  the  Inhabitants  of  'tyrell.  Preamble. 

Y  Y  Beaufort y  and  Edgcomb  Counties,  by  Reafon  the  Boundary  Line  be- 
tween T'yrell  and  Beaufort  Counties,  and  between  'tyrell  and  Edgcomb  Counties, 
are  not  fufficiently  afcertained  and  known ;  by  Means  of  which  Uncertainty,  the 
Inhabitants  within  the  difputed  Bounds  refufe  to  pay  their  Public  and  Parifli  Le- 
vies to  any  of  the  CoUedors  of  the  faki  Levies  of  either  of  the  faid  Counties :  For 
Remedy  whereof, 

II.  W  E  pray  that  It  may  be  Enaded,  And  be  it  Enabled,  hy  his  Excellency  Ga-  f^""f  ^"^^.li^* 
brie]  Johnfton,  Efq;  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefifs  ryrJii,  iaiBtau. 
Coumily  and  the  General  Affembly  of  this  Province^  and  it  is  hereby  Enacted,  by  ^'"''' 
the  Authority  of  the  fame.  That  each  of  the  County  Courts  of  Tyrell,  Edgcomb, 
and  Beaufort,  fhall  appoint  one  Perfon,  who  fliall  fettle  and  run  the  Boundary 
Line  between  Tyrell  and  Edgcomb  Counties,  and  between  Part  of  Edgcomb  and 
Beaufort  Counties,  in  Manner  following  ;  that  is  to  fay.  The  faid  CommifTioners 

Mm  fliati 


138  L  A  IV  S    of    North-Carolina. 

^  o.  174,.  fiiaii  begin  at  the  upper  Corner  Tree  ot  Jenkin  Henry's  Line,  on  the  South  Side 
^— — V—  oi  Roa?ioak  Mivcr,  and  from  thence,  run  a  dired  Line  to  the  Mouth  of  C^ff(?,^'s 
Mill  Creek,  on  Tar  River  ;  and  the  laid  Commiffioners,  as  foon  as  the  faid  Line 
is  finifhed,  lliall,  under  their  Hands,  return  .the  Courfcs  thereof  into  each  of  the 
Courts  ot  the  aforefaid  Counties,  which  fhall  be  recorded  by  the  Clerks  of  the 
faid  fcverSl  Courts :  And  the  faid  Line  fo  run,  fhall,  for  ever  after,  be  deemed 
the  Boundary  Line  between  Tyrell  and  Edgcomb  Counties,  and  between  Edgcomb 
and  Beaufort  Counties,  from  Tyrell  County  as  fife-  as  Tar  River. 

Between    Tjrdi   '  HI.  AND  he  it  further  Ena5fed^  by  the  Authority  aforefaid.    That  the  Flat 

»nd  Beaufort.       s^^j-,-,p  ^hich,    heretofore,  was  the  Boundary  of  Albemarle  and  Bath  Counties, 

Hiall,  to  the  Head  of  the  faid  Swamp,  and  from  the  Head  thereof,  by  a  direft 

Line  to  the  aforefaid  Line  between  Tyrell  and  Edgcomb  Counties,  for  ever,  be  the 

Boundary  Line  between  Tyrell  and  Beaufort  Counties. 

CountvCouitsto  IV.  AND  for  defraying  the  Charge  of  running  the  faid  Line,  Be  it  further 
fny%'h'rcharge  Enacted,  by  the  Authority  aforefaid.  That  each  of  the  County  Courts  of  Beaufort, 
of  running  the  Tyrell,  and  Edgcomb,  be,  and  are  hereby  impowered,  to  lay  a  Poll-Tax,  not  ex- 
ceeding the  Sum  of  Four  Pence,  Proclamation  Money,  per  Tithable,  upon  the 
Inhabitants  of  their  refpedtive  Counties,  and  fhall  caufe  the  fame  to  be  levied  in 
the  fame  Manner  the  Public  Taxes  are  levied  -,  and  fhall,  out  of  the  Money  ari- 
fing  by  the  faid  Tax,  pay  and  fatisfy  their  refpedtive  Commiffioners,  for  their 
Trouble  and  Charges  expended,  in  running  the  aforefaid  Boundary  Lines :  And 
after  paying  and  fatisfying  the  CommilTioners  for  their  Trouble  and  Charges,  each 
County  Court  fhall  apply  the  Money  remaining,  if  any  be,  to  the  Ufe  of  the 
County  where  fuch  Tax  is  collefted. 


Suvndaries. 


CHAP.     X. 


An  Aci,  to  enlarge  the.  'Time  for  enrolling  of  Lands  in  the  Auditor's  Office, 
and  pfoving  the  quiet  Pojjejjion  of  Lands  for  Twenty  Tears  paft,  and 


Upwards.     O  B  S. 


CHAP.     XL 

An  A£i,  for  rejlraining  the  taking  of  excejjive  Ufury. 

Prssmbie.  ^'  TJ^  O  R  A  S  M  U  C  H  as  the  fettling  of  Intereft  at  a  reafonable  Rate,  will  great- 

y}  ly  tend  to  the  Advancement  of  Trade,  and  Improvement  of  L  ands,  by  good 
Huibandry,  with  many  other  confiderable  Advantages  to  this  Province:  And 
whereas  divers  Perfons  of  late,  have  taken  great  and  excefhve  Sums  for  the  Loan 
of  Money,  Goods,  a^d  Merchandizes,  to  the  great  Difcouragement  of  Induftry, 
in  the  Huibandry,  T'rade,  and  Commerce  of  this  Province; 

No  Perfon  to  II.  WE  pray  that  it  may  be  Enafled,  And  be  it  Ena£fed,  hy  Ms  Excellency  Ga- 
6 /tr"cc«/for  ^^^^^  Johnflon,  Efq\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefly's 
Intereft.  Council,  and  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 

Authority  of  the  fame.  That  no  Pcrfon  or  Perfons  whatfoever,  from  and  af- 
ter the  Firfl  Day  of  May,  which  fhall  be  in  the  Year  of  our  Lord  One  Thoufand 
Stytn  Hundred  and  Forty  One,  upon  any  Contrad,  to  be  made  after  the  faid 
Firfl  Day  of  May,  flaall,  diredly  or  indiredly,  take,  for  Loan  of  any  Monies, 

Wares, 


LAWS      o/'     N  O  R  T  H -Ca  R  O  L  I  NA.  139 

)■  ■  '  — : ; 

Wares,    Merchandizes,    or  Commodities  whatfoever,    above  the  Value  of  Six    ^-  ^-   '"'^'- . 
Pounds,  by  Way' of  Difcount  or  Intereft,  for  the  Forbearance  of  One  Hundred  "^       '' 

Pounds^  for  One  Year,  and  fo  after  that  Rate  for  a  greater  or  leffer  Sum,  or  for 
»  longer  or  fhorter  Time  ;  and  that  all  Bonds,  Contra6ts,  and  Afilirances  whatfo- 
ever, made  after  the  Time  aforefaid,  for  the  Payment  of  any  Principal  pr  Money 
to  be  lent,  or  covenanted  to  be  performed,  upon  or  for  any  Ufury,  whereupon  or 
whereby  there  fhall  be  rcferved  or  taken  above  the  Rate  of  Six  Pounds  in  the  Hun- 
dred, as  aforefaid,  Ihall  be  Itterly  void  :  And  that  all  and  every  Perfon  or  Perfons  Perfons  taking 
vfcatfoever,  -which,  after  the  Time  aforefaid,  upon  any  Contrad  to  be  made,  af-  ^"Jj.^^  iLva'k'* 
ter  the  faid  Firft  Day  of  May,  fhall  take,  accept,  and  receive,  by  Way  or  Means 
of  any  corrupt  Bargain,  Loan,  Exchange,  Shift,  or  Interefl,  of  any  Monies, 
Wares,  Merchandizes,  or  other  Thing  or  Things  whatfoever,  or  by  any  deceit- 
ful Ways  or  Means,  or  by  any  Difcount,  Covin,  Device,  or  deceitful  Convey- 
ance, for  the  forbearing  or  giving  Day  of  Payment,  for  One  whole  Year,  of  or  for 
their  Money  or  other  Thing,  above  the  Sum  of  Six  Pounds  for  the  forbearing  of 
One  Hundred  Pounds  for  a  Year,  and  fo  after  that  Rate  for  a  greater  or  leffer  Sum, 
or  for  a  longer  or  Ihorter  Time,  fliall  forfeit  and  loofe,  for  every  fuch  Offence, 
the  double  Value  of  the  Monies,  Wares,  Merchandizes,  and  other  Things  fo 
lent,  bargained,  exchanged,  or  fliifted  ;  the  One  Moiety  of  all  which  Forfeitures 
to  be  to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeffors,  for  and  towards 
the  Support  of  this  Government,  and  the  contingent  Charges  thereof,  and  the  o- 
ther  Moiety  to  him  or  them  that  will  fue  for  the  fame,  by  Adlion  of  Debt,  Bill,' 
Plaint,  or  Information,  in  any  Court  of  Record  within  this  Province ;  wherein 
no  Effoign,  Protection,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of. 


CHAP.    XIL 


Afi  AB\  Jor  appointing  and  hying  out  a  Town  on  or  near  MIttam'j  Pointy 
on  the  South  Bide  of  New  River ^  in  Onflow  County^  by  the  Name  of 
Johnfton. 

I-  T  T  7"  H  E  R  E  A  S  the  Inhabitants  of  Onjlow  County,  have  petitioned  for  Preamble, 

VV  an  Aft,  for  appointing  a  Town  on  Mittam\  Point,  on  the  South  Side 
-of  New  River,"  and  that  Commiffioners  may  be  appointed,  to  lay  out  the  Lots  in 
the  faid  Town,  and  to  difpofe  of  them,  in  Manner  in  the  faid  Petition  mentioned  -, 
and  for  laying  a  Levy,  for  building  a  Court-houfe  and  Goal,  for  the  faid  County : 

II.  W  E  pray  that  it  may  be  Enafted,*  And  be  it  Enacted,  by  his  Excellency  Commiffioners 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ou?the  Town! 
jefty^s  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
-the  Authority  of  the  fame.  That  as  foon  as  the  Proprietor  of  the  Land  on  the  faid 
:5*oint  Ihall  acknowledge  his  or  her  Confent  and  Concurrence,  in  open  Court  of 
xthe  faid  County,  to  have  fuch  Part  of  the  faid  Land  laid  out  for  a  Town  as  herein 
after  is  dircdled,  jt  fhall  and  may  be  lawful  for  Sanniel  'johnfton,  John  Starkey, 
Jonathan  Freemain,  Samuel  James,  and  James  Foil,  Efqrs.  who  are  hereby  no- 
,minated  and  appointed  Commiffioners,  with  full  Power  and  Authority,  to  lay  out- 
-Pne  Hundred  Acres  of  Land,,  at  the  faid  Mittam's  Point,  for  a  Town,  by  the 
,Name  of  Johnfion  -,  and  they,  pr  the  major  Part  of  them,  are  hereby  direfted 
-and  impowered,  to  lay  out  One  Hundred  Acres,  at  and  adjoining  the  faid  Point, 
/into  Lots,  .of  Half  an  Acre  each,  with  convenient  Streets,  and  a  Square  for  Pub- 
siic  iBuildings. 

III.  AND 


140 


L  A   W  S    of    North-Carolina. 


A   D.    174T. 

^«— ■-" V ^       III.  AND  he  it  further  Enabled.,  by  the  Authority  aforefaidy  That  when  the 

cZ^^Lnrf'r  Commiflioners,  or  the  major  Part  of  them,  have  laid  out  the  faid  Town  into 
»<=5''  '  Lots  and  Streets  as  aforefaidj  every  Perfon  whatfoever^  who  is  wilUng  to  bean 
Inhabitant  of  the  faid  Town,  fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo 
laid  out  as  aforcfaid,  and  not  before  taken  up  ;  which  Lot  or  Lots  the  Commif- 
fioners  before  appointed,  or  the  Majority  of  them,  are^hereby  impowered  to  grant, 
convey,  and  acknowledge,  to  the  Perfon  or  Perfons  'fo  taking  up  the  fame,  and 
his  Heirs  and  Afligns,  tor  ever,  in  Fee-Simple,  upon  the  Payment*t)f  Ten  ShM- 
lings.  Proclamation  Money,  or  the  Value  thereof  in  Currency,  to  the  Treafurer 
herein  aft^r  named* 

Treafurer  »p-  IV.  A  N  D  be  it  further  Enacted,  by  the  Authority  dforefaid.  That  James  Foil^ 

poimed.  £j%.   bp^  and  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  and 

Sums  of  Money,  which  fhall  arife  by  the  Sale  of  the  faid  Lots^  for  the  Ufes  here- 
after mentioned  •,  and  on  the  Death  or  Departure  out  of  the  Government  of  the 
faid  Treafurer,  the  faid  Commiflioners,  or  the  major  Part  of  them*  fhall  appoint 
fome  other  Perfon  Treafurer,  in  the  Place  of  the  faid  Treafurer. 

Treafurer  to  give       V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  the  Trca* 
Security,  ^-^^.^j.  hej-gin  appointed,  and  every  Treafurer  that  fhall  or  may  be  hereafter  appoint- 

'  ed  by  the  Commiflionefs,  as  aforcfaid,  fhall  give  Security  to  the  County  Court, 
that  he  fhall  and  will  account  with,  and  pay  in  all  the  Monies  he  fhall  receive  by 
the  Sale  of  all  ^nd  ev^ry  the  Lot  and  Lots  that  fhall  be  fold.  Yearly,  on  the  Twen- 
ty Fifth  Day  of  March^  to  Mr.  Hope  Dexter,  or  the  Proprietor  ot  the  faid  Land. 

L^tsto  be  fwed  VI.  PROVIDED  always.  That  if  any  Lot  or  Lots  fhall  be  granted  and 
in  two  Years.  conveyed,  by  tlie  laid  CommifTioners,  to  any  Perfon  or  Perfons  whatlbever,  who 
fhall  notj  within  Two  Years,  build  a  good  fubftantial  habitable  framed  Houfe, 
not  of  kfsDimtnfions  than  Twenty  Four  Feet  in  Length,  and  Sixteen  Feet  wide, 
befides  Sheds  or  Leantos,  oi*  make  fuch  Prpiration  for  fo  doing,  as  the  Com- 
miflioners, or  the  major  Part  of  them^  fhall,  on  View,  think  rcafonable,  fuch 
Grant  or  Conveyance  fhall  be  void,  and  it  is  hereby  declared  void  and  of  none  Ef- 
fed,  as  if  the  fame  had  never  been  made-,  and  the  CommifTioners  may  grant  and 
convey  fuch  Lot  or  Lots  which  fhall  not  be  built  on  within  the  Time,  and  in  the 
Manner  as  is  herein  before  dir.fted,  to  any  oth.  r  Perfon  or  Perfons  applying  for 
the  fame,  and  paying  the  Money  lor  the  faid  Lot,  as  in  this  Aft  is  beiore  dirt(5t- 
ed,  for  the  Ufe  of  the  faid  Hope  Dexter,  or  other  i  roprietors,  as  aforcfaid. 

Commiffi  nersw      VII.  A  N  D  be  it  furthcr  Enacted,  by  the  Authority  aforcfaid.  That  the  Com- 
remjv.Nuiances.  mifllonL  rs,  Ot  the  majoi"  Part  of  them,  fhall  be,  and  they  are  hereby  impowered 
and  authorized,  to  remove  all  Nufances  within  the  Limits  of  the  faid  Town. 

L,« tot. paled,       Vin.  AND  be  it  further  Ena^ed,  by  the  Authority  aforcfaid.  That,  no  Per- 

rr  ,inn.  w  th     f^^^  Inhabitant  of  the  faid  Town,  or  holding  a  Lot  or  Lots  therein,  fhall  inclofe 

Puft.andRaxi3.    ^j^^  ^^^^^^  or  keep  the  Gme  inclofed,  urtder  a  common  Stake  Fence  5  but  every 

Lot  therein  fhall  be  paled  in,  or  inclofed  with  Polls  and  Rails  L\.  up. 

Owner,  of  L'^.^  IX.  AND  be  it  furthcr  Enacted,  by  the  Authority  aforcfaid.  That  all  Perfons, 
t,,  keep  the  f.me  Po^-^fl-prs  or  OWneTS  of  Lots  in  the  faid  Town,  fliall,  within  Two  Years'  from 
c/iV.j^rrMonth!  the  Date  of  their  Grant  or  Conveyance,  clear,  and  keep  conftantly  clear,  their 
Lot  or  Lots,  from  all  Manner  of  Wood,  Under- wood^  Brufh,  and  Grubs,  un- 
der the  Penalty  of  One  Shilling,  Proclamation  Money,  for  every  Month  fuch. 
Owner  or  Owners  of  any  Lot  or  Lots  fhall  negled  to  clear,  or  keep  the  fame 
clear  ;  to  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peace,  and  applied, 
by  the  faid  Commiflioners,  for  and  towards  ■  clearing  the  Streets  in  the  faid  Town. 

X.  AND 


LAWS    o/'North-Carolina.  141 

A    D      1741. 

X.  A  N D  be  it  further  Enabled,  by  the  Autcrity  aforefaid.  That  fof  the  En-  Atter'ty^p'ubiic 
couracremcnt  of  the  faid  Town,  after  there  Ihall   be  Two  good  PubUc  Houfes,  Huf^sareimiit, 
fit  for  the  accommodating  of  Travellers,  and  good  Boats  provided,  viz,  one  on  ""^^^Z^^i^  alf* 
each  Side  of  the  faid  River,  for  tranfpor ting  of  Travellers,  and  their  Horfes,  the  HubUc   Bufinef* 
faid  Houfes  and  Boats  to  be  approved  of  by  the  Juftices  of  the  Court  of  the  [°  ^he  Townf '* 
faid  County,  when  the  greater  Number  of  the  Juftices  are  in  Court,  that  then  the 
Court  of  the  faid  County,  and  all  General  Mufters,  (hall  be  held  in  the  faid 
Town,  and  all  other  the  Public  Bufinefs  of  the  faid  County  fhall  be  tranfadted  in 
the  faid  Town,  and  in  no  other  Place  or  Places  whatfoever. 


lava 

huildine 


XI.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  the  Juf-  Juft'ces  to 
tices  of  the  faid  County  are  hereby  impowered  and  authorized,  to  lay  a  Levy,  ccuJuhouX" 
not  exceeding  Eight  Pence,  Proclamation  Money,  Yearly,  to  be  paid  and  colled-  ^<^' 
ed  as  other  Public  Taxes  are,  and  applied  towards  building  a  Court-houfe  and 

Goal,  and  providing  a  Ferry,  at  the  Charge  of  the  County,  for  the  Convenience 
of  the  inhabitants  of  the  faid  County's  pafling  to  and  from  the  faid  Town,  to  at- 
tend the  Court,  and  tranfad  their  Public  Bufinefs. 

XII.  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaidj  That  the  faid  ]^^'"i  mayufc 
Juftices  may,  and  they  are  hereby  impowered  and  authorized,  to  make  Ufe  of  Ihe  cm' c'  urt- 
the  old  Court-houfe  and  Prifon,  for  the  Ufe  of  the  faid  Court-houfe  and  Goal,  to  **°"^'''  *  ^"'°'*' 
be  built  as  aforefaid  in  the  faid  Town,  either  by  pulling  the  fame  down,  and 

moving  fuch  Part  thereof  as  may  be  ufeful  in  building  the  faid  Court-houfe  to  be 
built  in  the  faid  Town,  as  aforefaid,  or  by  felling  the  fame,  and  applying  the 
Money  arifing  by  fuch  Sale,  towards  ereding  the  faid  Buildings  in  the  faid  Town. 


CHAP.    XIII. 

An  ASly  to  prevent  the  taking  away  BoatSy  Canoes^  or  Fettiaguas^  from 
Landings^  or  elfewherej  ivithout  Leave, 


T 


O  prevent  taking  Boats,  Canoes,  and  Pettiaguas,  from  Landings,  or  elfe- 
where,  without  Leave  j 


II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted^  by  his  Excellency  Pcrfnns  takJng 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ^ J"£*^;  "'*'" 
jejiy's  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  forfeit  aol.   «a 
the  Authority  of  the  fame.  That  any  Perfon  or  Perfons  who,  after  the  Ratification  '"**  ^*'""* 
of  this  Aft,  fhall  take  away  from  any  Landing  or  other  Place  where  the  fame 
ihall  be,  any  Boat,  Canoe,  or  Pettiagua,  belonging  to,  or  in  the  Cuftody  of  any 
Perfon  whatfoever,  without  the  Confent  and  Leave  of  the  Owner  or  PofTefTor  of 
fuch  Boat,  Canoe,  or  Pettiagua,  or  fhall  loofe,  unmoor,  or  turn  fuch  Boat,  Canoe> 
or  Pettiagua  adrift,  fuch  Offender  or  Offenders  Ihall  feverally  forfeit  and  pay,  to 
the  Party  who  fhall  own,  or  in  whofe  Cuftody  and  PofTefTion  fuch  Boat,  Canoe, 
or  Pettiagua  was,  the  Sum  of  Twenty  Shillings,  Proclamation  Money  •,  to  be  re- 
covered by  a  Warrant  from  any  Juftice  of  the  Peace  within  the  County  where  the 
Offence  fhall  i)e  committed,  who  is  hereby  impowered  and  required  to  hear  and 
determine  all  fuch  Offences :  And  if  any  Offender  or  Offenders  fhall,  after  Con-  cfftnders  refti- 
vi6tion,  negledt  or  refufe  to  pay  the  faid  Sum  of  Twenty  Shillings,  Proclamation  cngwp'y^  h^r 
|vloney,  in  fuch  Cafe,  it  fhall  and  may  be  lawful  for  the  faid  ||"uftice,  by  his  War-  illmll?i)ka. 
rant,  to  commit  fuch  Perfon  to  the  Goal  of  the  County,  where  he  fhall  remain 
yjjitil  he  ihall  have  paid  the  fame,  and  the  accruing  Cofts. 
:  Nn  -  III,  PRO- 


142  LAWS    of    North-Carolina. 

A.  D.    1741. 

Nl^'toXbarT^  III.  PROVIDED  always.  That  nothing  in  this  Ad  fhall  be  underftood  or 
prrf.n  from  h.s  conftrued  to  debar  any  Perfon  from  his  or  her  Adlion  at  Common  Law,  for  any 
m^n""Lw^f'^  Damage  fuftained,  by  Reafbn  of  any  Boat,  Canoe,  or  Pettiagua,  to  them  belong- 
D-imagc  fuftain-  Ing,  fo  taken  or  unloofed,  unmoored  or  turned  adrift,  from  any  Landing  or  other 
*^'  Place  where  the  lame  was  left,  againft  any  Perfon  whatfoever,  notwithftanding 

fuch  Perfon  fhall  have  paid  the  Penalty  by  this  Aft  inflided  j  any  Thing  herein 
contained,  or  any  Law,  Ufage,  orCuftom,  to  the  contrary,  notwithftanding. 


Servant  or  Slave 
offending, and  the 


IV.  AND  be  it  further  Enabled,  by  the  Authoriy  aforefaid.  That  if  any  White 
Mafter'refufing't'o  Setvant,  Ncgroc,  or  Slave,  Ihall  offend  againft  this  Aft,  and  be  thereof  convift- 
servanf  oTskve  ^<^»  ^"^  ^^^  Maftcr,  IVliftrefs,  or  Owner  of  fuch  White  Servant,  Negroe,  or 
to  be  whipt.       Slave,  fhall  refufe  to  pay  the  faid  Sum  of  Twenty  Shillings,  Proclamation  Money, 

fuch  Servant  or  Slave  fhall  fuffer  Correftion,  by  whipping,  at  the  Difcretion  of 

the  Magiftrate,  not  exceeding  Thirty  Nine  Lafhes. 


Not  to  extend  to      V.  P  ROV  ID  ED  olways,   mid  be  it  Enabled,   That  neither  this  Aft,  nor 
^ref-rvdrl"' b"  ^^^  Penalties  thereof,  fhall  be  conftrued  to  extend  to  any  Perfon  who  fhall  prefs 
Authority,  or     any  Boat,  Canoe,  or  Pettiagua,  by  Public  Authority,  or  to  any  Perfon  who  fhall 
prof „  Owners,    ^^-^^^  j^j^  ^^j^  proper  Boat,  Canoe,  or  Pettiagua,  or  to  any  other  Perfon  or  Per- 
fons,  being  lawfully  impowered  fo  to  do  by  the  Owner,  from  any  Place  or  Land- 
ing, or  from  any  Perfon  in  whofe  Cuftody  he  fhall  find  the  fame,  or  to  any  Ser- 
vant or  Slave  taking  any  Boat,  Canoe,  or  Pettiagua,  from  any  Landing  or  other 
Place,  by  Order  of  his  or  her  Mafttr,  Miftrefs,  or  Overfeer. 

Mafter  orderir-  ^^'  AND  he  it  further  Enabled,  That  if  any  Malier,  Miftrefs,  or  Overfeer,' 
Servant  or  Slav!  fhall  ordtr  any  Servant  or  Slave,  belonging  to  them,  or  under  the  Care  of  any  of 
fe/^iiable^Jthe  ^^^""'»  to  take  from  any  Landing,  or  other  Place,  any  Boat,  Canoe,  or  Pettiagua, 
Penalty.  conttary  to  the  Intent  and  Meaning  of  this  Aft,  fuch  Mafter,  Miftrefs,  or  Over- 

feer of  fuch  Servant  or  Slave  fo  offending,  fhall  be  liable  to  the  Forfeitures  and 
Penalties  of  this  Aft,  as  if  they,  in  their  proper  Perfon,  had  done  the  fame ;  any 
Thing  herein  before  contained,  to  the  contrary,  notwithftanding. 

RepeaiiBgciaufe.  VII.  AND  he  it  further  EnoMed,  by  the  Authority,  afore  faid.  That  all  and 
every  other  Aft  and  Afts,  and  every  Claufe  and  Article  thereof,  fo  far  as  relates 
to  prevent  the  taking  Boats,  Canoes,  or  Pettiaguas,  from  Landings,  or  elfewhere, 
without  Leave,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Pur- 
pofes,  as  if  the  fame  had  never  been  made. 


CHAP.    XIV. 

An  A5i,  for  the  better  Obfervation  and  keeping  of  the  Lord's  Day,  com^ 
monly  called  Sunday  j  and  for  the  more  effectual  SuppreJJion  of  Vice  and 
Immorality, 

PfeamWe.  I.  TTTHEREASIn  well  regulated  Governments,  efFeftual  Care  is  alwayi 

VV    taken,  that  the  Day  fct  apart  for  Publick  Worfhip,  be  obferved  and 
kept  holy,  and  to  fupprefs  Vice  and  Immorality :  Wherefore,       * 


No  Perfon  to  do 

any  Work  on       bricl 


II.  W  E  pray  that  it  may  be  Enafted,  And  he  it  Ena5ied,  by  his  Excellency  Ga- 
iel  Johnfton,  £/j;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejiy's 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  hy  the 
Authority  of  the  fame^  That  all  and  every  Perfon  and  Perfons  whatfoever  /hall. 


oa 


LAWS    of      North-Carolina. 


14.^ 


43 


on  the  Lord's  Day,  commonly  called  <  "Sunday,  carefully  apply  themfelves  to  the    "^^  ^-  '74i- 

Duties  of  Religion  and  Piety ;  and  thi  ^  "»  Tradefman,  Artificer,  Planter,  La-  *^ "^ ^ 

bourer,  or  other  Perfon  whatfoever,  fha*  '1,  "pon  the  Land  or  Water,  do  or  ex-  'oM^lFi'l 
ercife  any  Labour,  Bufincfs,  or  Work,  c  ^^  t:heir  ordinary  Callings,  ( Works  of 
Neceffity  and  Charity  only  excepted,)  nor  employ  themfelves  either  in  hunting, 
fifhing,  or  fowling,  nor  ufe  any  Game,  S^  ^ort»  or  Play,  on  the  Lord's  Day  a- 
for.;faid,  or  any  Part  thereof,  upon  Pain  that  every  Perfon  fo  offending,  being  of 
the  Age  of  Fourteen  Years,  and  upwards,  xl  '^^  forfeit  and  pay  the  Sum  of  Ten 
Shillings,  Proclamation  Money. 

III.  A  N D  he  it  further  Enabled,  hy  the  Autho,  ""ity  aforefaid^  That  if  any  Perfon  iWons  fweznng 
or  Perfons  lliall  prophanely  fwear  or  curfe,  in  tlit  ^  Hearing  of  any  Juftice  of  the  ^jiS^laf 
Peace,  or  Ihall  be  convided  of  prophanely  fwearin^^ '?  and  curfing,  by  the  Oath  of  ^^  =.  6  d/ 

one  or  more  Witnefs  or  Witnefies,  or  Confeflion  Oi  ^  the  Party  before  any  Juftice 

or  Juftices  of  die  Peace,  every  fuch  Offender  fhall     forfeit  and  pay  the  Sum  of 

Two  Shillings  and  Six  Pence,  of  the  like  Money,  for  every  Oath  or  Curfe  :  And  Public  officer 

if  any  Perfon,  executing  any  Public  Office,  fhall  proj.  "ihanely  fwear  or  curfe,  be-  ^^"^ '^'=<'  "f  'f^e 

ing  firft  convided,  as  afortfaid,  fuch  Perfon  fhall  forfeit    and  pay  the  Sum  of  Five   ^'"^'  '°^^^  '*' 

Shillings,  of  the  like  Money,  for  each  and  every  Oath  c  'r  Curfe. 

IV.  AND  belt  further  EnaHed,  That  if  any  Perfon  or  Perfons  fhall  prophane-  Perfons  fwMrin 
ly  fwear  and  curfe,  in  the  Prefence  of  any  Court  of  Recofv  d  in  this  Government,  '"  "'^  Prefencc  of 
fuch  Offender  or  Offenders  fhall  immediately  pay  the  Sum   of  Ten  Shillings,  of  lo^^o/bepuun 
the  like  Money,  for  each  and  every  Oath  or  Curfe  -,  to  be  dt  pofited  in  the  Hands  ^^^  stocks. 

of  the  Chairman  of  the  faid  Court,  and  by  him  accounted  fo,r  and  paid,  as  herein 
after  is  dirededj  or  to  fit  in  the  Stocks,  not  exceeding  Three  Hours,  by  OrdeF 
of  fuch  Court. 

V.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Perfon  Perfons   getting 
con vided  of  Drunken  nefs,  by  View  of  any  Juftice  of  the  Peace,  ConfefTion  of  the  Jo  p"  y  Ts'^^onY.' 
Party,  or  Oath  of  one  or  more  Witnefs  or  Witneffes,  fuch  Perfon  fo  convi(5ted,  "y  "t*i«  Day, 
fhall,  if  fuch  Offence  was  committed  on  the  Lords  Day,  fo.«"feit  and  pay  the  Sum  *'"  ^^' 

of  Five  Shillings,  of  the  like  Money  •,  but  if  on  any  other  Day,  the  Sum  of  Two 
Shillings  and  Six  Pence,  for  each  and  every  fuch  Offence. 

VI.  AND  for  the  better  Execution  of  all  and  every  of  the  foregoing  Orders,  j^^i^s  p^„,j,  ^^ 
Be  it  further  Enacted,  That  all  and  every  Juftice  and  Juftices  of  the  Peace,  with-  hear  and  deter- 
in  his  or  their  refpedive  County,  fhall  have  full  Power  and  Authority  to  convene  ^aiTft^twTAft!' 
before  him  or  them,  any  Perfon  or  Perfons  who  fhall  offend  in  any  of  the  Parti- 
culars before  mentioned,  in  his  or  their  Hearing,  or  on  other  legal  Convidion  of 

•any  fuch  Offence,  and  to  impofe  the  faid  Fine  or  Penalty  for  the  fame,  and  to  reftrain 
or  commit  the  Offender  until  it  be  fatisfied,  or  to  caufe  the  fame  to  be  levied  by 
Diftrefs  and  Sale  of  the  Offenders  Goods,  returning  the  Overplus,  if  any,  to  the 
Owner:  And  in  Cafe  any  fuch  Offender  be  unable  to  fatisfy  fuch  Fine,  to  caufe 
him  to  be  put  in  the  Stocks,  not  exceeding  Three  Hours. 

VII.  P  ROV  ID  ED  always.  That  all  Informations  againft  the  aforefaid  Of-  information  to  be 
Fences,  fhall  be  made  within  Ten  Days  after  fuch  Offence  or  Offences  committed,  «»»"»« '«"»»y'' 
and  not  after. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Fines  pine,  appropria. 
accruing  and  becoming  due  by  Virtue  of  this  Aft,  fhall  be  levied  as  foon  as  may  ted,  .nd  ho«"to 
be  after  Conviftion,  One  Half  to  the  Informer,  the  other  Half  to  the  Ufe  of  the  '''p*'*'* 
'Parifh  where  fuch  Offence  fliall  be  committed ;  and  the  Chairman  and  Juftices  of 

the  feveral  Courts  of  the  feveral  Counties  of  this  Province,  are  hereby  directed  to 
account  for,  upon  Oath,  and  pay  fuch  Fine  or  Fines  as  fhall  or  may  by  them, 

or 


144 


L  A   W  S    of    North-Carolina. 


^,  D.  J74I.    or  any  of  them,  be  received,  by  Virtue  of  this  A<5b,  to  the  Churchwardens  of  the 

* V '  refpedlive  Pari(hes  of  this  Government,  at  leaft  once  a  Year,  when  the  fame  fhall 

be  demanded  by  the  Churchwardens ;  under  the  Penalty  of  paying  the  Sum  of 
Twenty  Pounds,  Proclamation  Money,  for  every  Refufal,  to  be  levied  and  ap- 
plied as  aforefaid. 

Perfons  comrnit.       IX.  A  N D  be  it  furthcT  EnttBcd,  hy  the  Authority  aforefaid.  That  if  any  Per- 

ta"fo^eifzfs°"'  fo"s  commit  Fornication,  upon  due  Convi(5lion,  each  of  them  Ihall  forfeit  and 

pay  Twenty  Five  Shillings,  Proclamation  Money,  for  each  and  every  fuch  Of-^ 

fence  •,  to  be  recovered,  and  applied  to  the  fame  Ufe,  as  the  other  Fines  in  this  Ad:. 

Single  •vtToman  X.  AND  he  it  further  Enabled,  That  any  Two  Juftices  of  the  Peace,  upon 
and"  refufin^''to'  ^^^^"^  ®^"  Knowlcdge,  or  Information  made  to  them,  t'hat  any  fmgle  Woman 
tell  the  Father,  within  their  County  is  big  with  Child,  or  delivered  of  a  Child  or  Children,  may 
an/tDgWes«"u!  caufe  fuch  Woman  to  be  brought  before  them,  and  examine  her,  upon  Oath, 
rity  to  keep  the  conccming  the  Father ;  and  if  fhe  Ihall  refufe  to  declare  the  Father,  flie  Ihall  pay 
^'"''*'  the  Fines  in  this  Ad  before  mentioned,  and  give  fufficient  Security,  to  keep  fuch 

Child  or  Children  from  being  chargeable  to  the  Parilh,  or  fhall  be  committed  to 
Prifon,  until  flie  fhall  declare  the  fame,  or  pay  the  Fine  aforefaid,  and  give  Se- 
lf (he  declares  curity  as  aforcfaid :  But  in  Cafe  fuch  Woman  fhall,  upon  Oath,  before  the  faid 
the  Father,  he  Jufticcs,  accufc  any  Man  of  being  the  Father  of  a  Baflard  Child  or  Children, 
fytperformVi  bcgottcn  of  her  Body,  fuch  Perfon  fo  agcufed  fhall  be  adjudged  the  reputed  Fa- 
order  of  Court  xhtv  of  fuch  Child  or  Childrcnj  and  ftand  charged  with  the  Maintenance  of  the 
thereon.  famc,  as  the  County  Court  fhall  order,  and  give  Security,  to  the  Juftices  of  the 

faid  Court,  to  perform  the  faid  Order,  and  to  indemnify  the  Parifli  where  fuch 
Child  or  Children  fhall  be  born,  free  from  Charges  for  his,  her,  or  their  Main- 
tenance, and  may  be  committed  to  Prifon  until  he  find  Securities  for  the  fame,  if 
fuch  Security  is  not  by  the  Woman  before  given. 

•j  /I-    .  I.-  j.„'      XT.  AND  he  it  further  Ena6led,  That  the  faid  Two  Juftices  of  the  Peace,  at 

Julticestobind  to  i-i  i  /-^  /~\  i-i-i  i 

the  next  Court  their  Difcrction,  may  bmd,  to  the  next  County  Court,  him  that  is  charged,  on 
with"being\he'^  Oath,  as  aforefaid,  to  have  begotten  a  Baftard  Child,  which  fhall  not  be  then 
Father  of  a  Child  bom ;  and  the  County  Court  may  continue  fuch  Perfon  upon  Security  until  the 
unborn.  Woman  fliall  be  delivered,  that  he  may  be  forth  coming  when  the  Child  is  born. 

This  Aft  to  be  XI^'  AND  he  it  further  EnaEted,  hy  the  Authority  aforefaid.  That  this  Ad  fliall 
lead  twice  a  Year  be  Publlcly  Tcad,  Two  fevetal  Times  in  the  Year,  in  all  Parifh  Churches  and 
ihe^Mmmer'&c!  Chappels,  or  for  Want  of  fuch,  in  the  Place  where  Divine  Service  is  performed  in 
on  Penalty  of  evcry  Parifh  within  this  Government,  by  the  Minifter,  Clerk,  or  Reader  of  each 
'°''  Parifh,  immediately  after  Divine  Service,  that  is  to  fay,  on  the  Firft  or  Second 

Sunday  in  April,  and  on  the  Firft  or  Second  Sunday  in  September,  under  the  Pe- 
nalty of  Twenty  Shillings,  Proclamation  Money,  for  every  fuch  OmifTion  or  Ncg- 
led  -,  to  be  levied  by  a  Warrant  from  a  Juftice,  and  applied  to  the  Ufe  of  the 
Parifh  where  the  Offence  fhall  be  committed  j  and  the  Churchwardens  of  every 
Parifh  are  hereby  required  to  provide  a  Copy  of  this  Ad,  at  the  Charge  of  the 
Parifh. 

currymeh  liable      XIIL  PROVIDED  always.  That  nothing  herein  contained  fliall  be  confl:rued 

iftment*""  ^""'  ^^  cxcmpt  any  Clergyman  within  this  Government,  who  fhall  be  guilty  of  any  of 

the  Crimes  herein  before  mentioned,  from  fuch  further  Punifhment  as  might  have 

been  infiided  on  him  for  the  fame,  before  the  making  of  this  Ad  j  any  Thing 

herein  contained  to  the  contrary,  notwithftanding. 

AepMiuigClaufe.  XIV.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  all  and 
every  other  Ad  and  Ads,  and  every  Claufe  and  Article  thereof,  heretofore  made, 
fo  far  as  relates  to  the  Suppreffion  of  Vice,  or  Keltrain  and  Punifliment  of  wicked 

and 


s  L    A    Pf^    S      of     N  O  R  T  H -Ca  R  O  L  I  NAo  14^ 

and  defolute  Perfons,  or  any  Matter  or  Thing,  within  the  Purview  ot  this  Ad:,  ^  ^    '74^ 

is  and  are  hereby  refealed  and  made  void,  to  all  Intents  and  Purpofcs,  as  if  the  ^*    - 
fame  had  never  been  made. 


CHAP.    XV. 

An  Acfy  for  the  Tryal  of  fmall  and  mean  Caufes. 

I.  TT  T  H  E  R  E  A  S  the  Charges,  in  the  General  and  County  Courts  of  this  PfwmW:. 

YY     Province,  in  many  Actions  of  fmall  Value,  do  very  often  furmount 
the  Demand  of  the  Plaintiff ;  to  the  very  great  Damage  of  the  Parties : 

II.  W  E  pray  that  it  may  be  Enadled,  yind  h  it  Enacted,  by  his  Excellency  Two  Juftices  to 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  end  Confent  of  his  Ma-  XLyl^tt^t 
jejiy's  Council.,  and  General  Affcmbly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  any  Two  Juftices  of  the  Peace  are  hereby  impowered, 

by  their  Warrant,  under  their  Plands  and  Seals,  direfted  to  the  Sheriff,  Under- 
Sheriff,  or  Conftable,  in  all  Adtions  of  Debt,  or  other  Demand  whatfoever,  for 
any  Sum  or  Matter  \o  the  Value  of  Forty  Shillings,  Proclamation  Money,  or 
Under,  to  caufe  to  be  apprehended  and  brought  before  them,  any  Perfon  or  Per- 
fons which  have  and  do  rctufe  or  negled  to  pay  any  Creditor  complaining  of  his 
or  their  Debt  or  Debts,  or  Demands,  amounting  to  the  Sum  afortfaid,  and  alfo, 
to  iffue  their  Summons  or  Summonfes  for  fuch  Witnefs  or  Witneffes,  who  fliall 
or  may  be  required,  either  by  Plaintiff,  or  Defendant,  for  the  better  Proof,  clear- 
ing, and  opening  of  the  Matter  contefted  between  fuch  Parties ;  and  after  having 
heared  the  Parties,  and  fuch  Evidence  as  fhall  be  required  or  produced  by  them, 
and  each  of  them,  to  adjudge  and  finally  determine  all  Complaints  and  Adiions  of 
Debts  and  Demands,  as  aforefaid,  before  them  brought. 

III.  AND  he  it  further  Enacted,  That  the  Plaintiff  or  Plaintiffs  obtaining  fuch  piimdff  to  make 
Warrant  or  Precept,  Ihall  make  Proof  of  his  Debt  or  Demand  before  fuch  juf-  ^°^  "^  *"* 
tices,  in  the  fame  Manner,  and  under  the  fame  Reftridfions,  as  is  provided  and 
prefcribed  by  an  A(5t,  for prefcribing  the  Method  of  proving  Bock  Debts ,  otherwife 

his,  her,  or  their  Complaint  fhall  be  difmifl,  with  Cofls. 

,  IV.  AND  be  it  further  Enacted,  That  after  Determination  of  any  of  the  Mat-  ju^^ces  to  gram 
ters  aforefaid  by  the  faid  Juflices,  they  are  hereby  impowered  and  required  to  iffue  Et-^cu'^"  "p^n 
Execution,  to  be  levied  upon  the  Goods  and  Chatttis  of  the  Defendant  or  Defen-  chattels"  or^oa 
dants,  to  the  full  Value  ot  the  Debt  due,  and  the  Cofls  and  Charges  hereafter  in  ii^^B^^y. 
this  Aft  provided  to  be  paid  ;  and  for  V'ant  of  Goods  and  Chatties,  to  commit 
the  Body  or  Bodies  of  the  Defendant  or  Defendants  to  the  Common  Goal,  until 
he  or  they  fliall  pay  his  or  their  Debt  or  Debts  aforefaid,  together  with  the  Cofts ; 
and  alfo,  in  Cafe  the  Plaintiff  fhall  be  cafl,  to  iffue  Execution,  to  levy  the  Cofls 
for  the  Defendant,  or  commit  the  Plaintiff  to  Frifon  till  the  fame  is  paid,  in  the 
fame  Manner  as  the  Proceedings  were  to  be  had  againft  the  Defendant,  on  Judg- 
ment being  had  againfl  him. 

V.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  all  and  every  Goods  taken  m 
Sheriff  or  Conflable,  Ihafl  caufe  all  Goods  and  Chattels,  taken  in  Execution  by  LT,oDar'^ 
Virtue  of  tliis  A<51:,  to  be  kept  in  fafe  Cuftody  Ten  Days,  and  if  the  Owmr  or 
Owners  of  fuch  Goods  fhall  not,  within  the  Lid  Ten  Days,  fatisfy  the  faid  Debt, 
and  Cofls,  the  Sheriff  or  Ccnilable  fhall  fell  the  fame,  at  Public^  Vandue ;  and  af- 
ter fatisfyingthe  Judgment  of  the  Juftices  as  aforefaid,  fliall  return  the  Overplus, 
if  any  there  be,  to  the  Owner. 

O  o  VI.  PRO- 


1^5  Z^/^/^'So/'North-Carolina. 


'^-"-'v '      VI.  P  ROV  ID  ED  always.  That  the  Tender  of  the  Commodities  hereafer 

modtues"to^rr-  mentioned,  at  the  t^laintiffs  l^lace  of  Refidence  in  the  County,  fhall  difcharge  any 
fonrkcrfn^Ex'  ^^^fon  or  r*erfons.  Body  or  Goods,  in  Execution  on  any  Judgment,  to  be  given 
«"t:o,v/"o'n' any  as  afofcfatd  V  that  is  to  fay.  Tobacco,  Deef-lkins,  Bees-wax,  Tallow,  or  Rlcf, 
■K^Treliioiaers  ^^  rated  by  the  Ad:,  for  granting  an  Aid  to  His  Majrfty:  And  if  any  Difputc 
to  view'tLcom'  Ihall  arife  between  the  Parties,  whether  fuch  Commodities  fo  tendered  be  good 
*?,of'ta  befo.^  and  m:rchantable,  in  fuch  Cafe  the  Juftice  or  Juftices  before  whom  fuch  Caufe 
felted  to  the  p.»-  wus  determined,  fliall  appoint  Two  Freeholders,  who,  upon  their  Oaths,  (hall  in- 
th?n'  li  Mon!y  fp^c^  the  fame  •,  and  if  they  fliall  deem  the  (lime  not  good  and  merchantable  in  its 
to  difcharge  the  Kind,  the  fame  fliall  be  fortcited,  and  fold  by  the  Churchwardens,  to  the  Ufe  of 
®''""  the  Parifh  where  fuch  Tender  (hall  be  made  -,  and  then  nothing  (hall  difcharge 

fuch  Judgment  and  Execution,  but  Money:  And  if  the  faid  Commodities  fo  ten- 
dered be  adjudged  good  and  merchantable,  the  Plaintiff  (hall  be  obliged  to  accept 
of  the  fame,  in  Difcharge  of  fuch  Debt,  and  Cofts. 

Warrants  to  hav.  VII.  A  N  D  Ic  U  fuTther  EfiaEied,  That  all  original  Warrants,  granted  by  Vir- 
^\^  '^nd'vaH.c'^f  ^"^  ^^  ^^^'^  ^*^*  ^^^^  ^^^^  infcrtcd,  and  plainly  iignified,  the  Name  or  Names 
the  Debt,  iXt.  of  the  Plaintiff  or  Plaintiffs,  the  Debt  demanded,  and  whether  by  Bill,  Account^ 
"*•  Afllimpfit,  or  otherwife,  due. 

^ufflcts  and  Con-  VIII.  A  N  D  bi  it  furthcT  Enalfcdy  by  the  Authority  aforefaid.  That  the  faid 
ftabiesFees.  Juftices^  Or  their  Ckrk,  flwll,  for  each  Warrant,  receive  One  ShiUing  and  Three 
Pence,  Proclamation  Money,  and  for  every  Execution,  One  Shilling  and  Three 
Pence  J  and  every  Sheriff  or  Conftable,  for  every  original  Warrant  executed,  fhalt 
be  allowed  One  Shilling  and  Three  Pence,  Proclamation  Money,  and  for  every 
Subpoena,  One  Shilling,  and  for  every  Execution,  One  Shilling  and  Three  Pence. 

IX.  AND  that  all  poffible  Means  may  be  ufed,  for  the  Payment  of  the  Plain- 

?ent"t"y.'wi  tiff  or  Plaintiffs  Debt,  aiter  Execution  obtained  againft  the  Body  of  the  Defendant 

his  conf  n't,  be  or  Defendants,  //  is  alfo  Enacted,  That  the  Juitices  have  Power,  and  they  arc 

w^pt/thVoTt!  hereby  impowered,  in  fuch  Cafes  where  they  fliall  judge  the  Defendant  not  worth 

the  Debt  recovered  as  aforefaid,  then,  and  not  otherwife,  by  and  with  the  Confent 

of  the  Defendant  or  Defendants,  him   or  them  to  hire  to  Labour,  at  fo  much  per 

D^em,  as  either  the  Plaintiff,  or  any  indifferent  Perfon,  will  allow,  until  the  whole 

Debt,  by  the    Produce  thereof,  be  paid;  which  Produce  the  Juftices  are  hereby 

required  to  caufe  to  be  employed  to  no  other  Ufe  but  paying  of  the  Debt  or  Debts 

as  aforefaid. 

All  Debts,  to  the      X.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid,  and  it  is  the  true  In- 
itliyfAlil  ient  and  Meaning  of  this  Act,  That  any  Perfon  who  remains  indebted,  by  any 
two  Juftice..      Bond,  Bill,  Specialty,  Account,  Contraft,  Agreement,    Affumpfit,  or  otherwife 
howfoever,  to  the  Sum  of  Forty  Shillings,  Proclamation  Money,  or  under,  (hall 
only  be  fued  and  tried  before  Juftices  of  the  Peace,  in  Manner  and  Form  afore- 
faid, and  no  otherwife. 

suUtrc.gM  for  XI.  AND  be  it  further  Enabled,  That  every  Perfon  that  (hall  bring  any  Ac- 
v^'d'ateforS  tion  or  Suit,  in  any  XZourt  within  this  Province,  for  more  than  Forty  Shilhngs, 
Pit'.  top°'yc-.fts'  ProcVamation  Money,  and  thereupon  fhall  have  a  Verdi6t  for  lefs  than  Forty  Shil- 
ofTrcrpafs^r  ling^>  like  Money,  fhall  lofe  his  Coft  of  Suit;  except  in  Aftions  of  Trefpafs,  and 
■  Anions  of  Defamation,  and  where  an  Account  is  unfettled,  and  the  Defendant 

fhall  refufe  or  negleft,  upon  Notice  given  by  the  Plaintiff,  to  meet  and  fettle  tho 

fame. 

Debt  under 20 8.      XII.  AND  be  it  further  Ena^cd,  by  the  Authority  aforefaid.  That  for  the 

to  be  tryed  by  ^      fpecdy  dolng  of  Juftice,  where  the  Debt  or  Demand  fhall  not  exceed  Twenty 

^      '        °      ''  .  Shillings, 


L  A   PF  S    of    NoRT  h-Car  o  l  i  n  a.  147 

Shillings,  Proclamation  Money,  any  one  Juftice  of  the  Peace  Ihall  have  full  Pow-    ^-  ^    '741- 
er  and  'Authority,  to  hear,  try,  dnd  determine  all  fuch  Caufes,  in  fuch  Mariner  ^    '"y 
and  Form  as  is  before'Sn  this  Aft  provided  ibr  Two  Judices,  where  the  Debt  or 
Demand  fhall  amount  to  the  Sum  of  Forty  Shillings :  And  all  Sheriffs  or  Confta-  sherifs  and  Con- 
bles,  to  whom  either  original  Warrants,  Subpoena  for  Witnefies,  or  Execution  ll^X'nce' to'' ai'i 
or  Executions  upon  Goods  and  Chatties,  or  the  Body  of  the  Defendant  or  De-  Wairants,  &«.- 
fendants  as  aforefaid,  are  direded  by  any  one-  or  more  Juftice  or  Juftices  of  the 
Peace,  are  hereby  impowcred  and  commanded  to  give  due  Obedience  in  the  Ex- 
ecution tlicreof,  according  to  the  true  Intent  and  Meaning  ot  this  Aft. 

XIII.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  either  Right  of  Appeal, 
of  the  Parties  (hall  be  dilTatisfied  with  the  Judgment  given  by  the  Juftice  or  Juf- 
tices, he  may  appeal  to  the  next  County  Court,  firft  giving  Security  for  prcfccu- 

ting  fuch  Appeal  with  Effcft-,  which  Caufe  fhall  be  tried  and  finally  determined 
the  fame  Court,  by  a  Jury,  without  any  further  Procefs,  in  the  fame  Manntr  as 
Cauf.s  are  there  tried  brought  by  oiiginal  Writ ;  and  Judgment  fhall  thereupon 
be  given,  and  the  Party  caft  ftwU  pay  the  Coft  of  all  Proceedings  had  thereon,  to 
be  taxed  by  the  Court. 

XIV.  A  N  D  he  it  further  EnaSled,  h'y  the  Authority  aforefaid.   That  all  and  eve-  Repeaiingciaufe, 
ry  other  Aft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretofore  made, 

{o  far  as  relate  to  the  Tryal  of  fmall  and  mean  Caufes,  or  any  other  Matter  or 
Thing  wh-itfoever,  within  the  Purview  of  this  Aft,  is  and  are  hereby  repealed  and 
made  void,  to  all  Intents  and  Purpofcs,  as  if  the  fame  had  never  been  made. 


CHAP.     XVI. 

An  ASi,  for  afcertalnlng  the  Damage  upon  protejled  Bills  of  Exchange, 

I.  "j^  OR  afcertaining  the  Damage  upon  protefted  Bills  of  Exchange,  We  pray  pmteftej  Bills  of 
X/    that  it  may  be   Enafted,.  And  he  it  Enabled,    by  his  Excellency  Gabriel  ^'"j^",^,^^^"^^"" 
Joaiiiton,  Efq;  Governcr,  by  and  with  the  Advice  and  Confent  of  his  Maiefifs  the  Date  t.i  paid. 
Council,  and  General  Ajfanbly  of  this  Fr evince,  and  by  the  Authority  of  the  fame^  ^'  lofnCcnt^ 
That  v/here  any  Bill  of  Exchange  is,  or  fhall  hereafter  be  drawn,  for  the  Payment 
9f  any  Sum  of  Money,  in  which  the  Value  is  or  Ihall  be  expreifed  to  be  received, 
and  fuch  Bill  is  or  fliall  be  protefted,  for  Non-acceptance  or  Non-payment,  the 
fame  Ihall  carry  Intertft  froin  the  Date  thereof,  after  the  Rate  of  Ten  per  Cent,  per 
Annum,  until  the  Money  therein  drawn  for,  ftiall  be  fully  fatisfied  and  paid. 

II.  BUT  leaft  any  Perfon  having  any  fuch  Bill,  fhould,  for  the  Sake  of  the  i„tgreft  allowed 
Intereft,  delay  negotiating  the  fame,  or  if,  after  it  fliall  be  protefted,  Ihall  not  de-  ^^^^  18  Momhs, 
rnand  Payment  thereof  of  the  Drawer  or  Indorftr,  It  is  further  Enacted  and  De-  manded!"'"'  "^'t 
dared,  Thit  no  Perfon  whatfoever  ftiall  pay  more  than  Eighteen  Months  Intereft, 

from  the  Date  of  any  fuch  Bill,  till  it  fliall  be  prefented  protefted  to  the  Drawer 
or  Indorfer  thereof. 

III.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  where  any  x^  per Ci«t.  1,1. 
Bill,  drawn  before  the  making  of  this  Aft,  or  which  fhall  hereafter  be  drawn,  is  '°*"^<i  f"  "a- 
or  fhall  be  protefted  as  aforefaid,  there  (hall  be  paid  unto  fuch  Perfon  or  Perfbns  ofptot^ft. 
as  fhall  have  Right  to  demand  the  fame,  for  his,  her,  or  their  Damage  in   that 
Behalf  fuftained,  after  the  Rate  of  Fifteen  per  Cent,  for  the  Sum  exprefTed  in  the 
faid  Bill,  together  with  the  Cofts  and  Charges  of  the  Proteft,  and  no  more. 


with  Cpfta 


IV.  AND 


148 


L  A  IV  S    of    North-Carolina. 


A.   L\ 


«74' 


IV.  AND  le  it  further  Enacted^  by  the  Atitbcrity  aforefaid^  That  it  ihall  and 

brought  T/ainft  iTiay  bc  lawful  for  any  Ferfon  or  Perfons,  having  a  Right  to  demand  any  Sum  of 

Drawer  and  In    ivlonev  duc  UDon  E  proteftcd  Bill  of  Exchange,  to  commence  and  profecate  an 

fepjMteiy.         Action  foF  iL^rincipai,  intereit,  and  Charges  or  rrotelt,  againtt  the  L-rawer  and 

Indorfers  jointly,  or  againft  either  of  them  I'cpar.teiy,  and  judgment  ihall  and  may 

be  given  for  fuch  Principal  Draught  and  Charges,  and  Intcreft,  alter  the  Rate  of 

Ten  per  Cent,  -per  Annum,  as  aforcfaid,  to  the  Time  of  fuch  judgment. 

t 

^efMiingCiaufc.      V.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  every 

other  A(5t  and  Adts,  and  every  Ciaufe  and  Article  thereof  heretofore  made,  fo  far 

.  as  relate  to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Adt,  is 

and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Furpofes,  as  if  the  fame 

had  never  been  made. 


Preansble. 


CHAP.    XVII. 

An  A£i,  for  regulating  Weights  and  Meafures. 

H  E  R  E  A  S  many  notorious  Frauds  arid  Deceits  are  daily  committed, 
by  falfe  Weights  and  Meafurcs  :  For  Prevention  whereof. 


w 


Weiehts   3»d         ^^'  ^^  P^^y  ^^'^  ^'^  "^^y  ^^  Enadted,  And  bs  it  Enabled,   by  his  Excellency  Ga- 

Meafures  to  be  Brlcl  Johnfton,  Efq--,  GoverncTy  by  and  with  the  Advice  and  Confent  of  his  Majefiy^s 

stsndl'r?  in°  t'he  CouncH,  and  General  /iffembly  of  this  Province^    and  it  is  hereby  Enacted,  by  the 

ixctequer.         Authority  of  the  fame.  That  no  Inhabitant  or  Trader  fhall  buy  or  fell,  or  Gth^.r- 

wife  make  Ufe  of  in  trading,  any  other  V\/eights  or  Meafures  than  are  made  and 

ufed  according  to  the  Standard  in  his  Majeity's  Exchequer,  and  the  Statutes  of 

England  in  that  Cafe  provided. 

juftieef  to  pM.       III.  AND  fot#the  Difcovery  of  Abufes,  Be  it  further  EnaSied,  by  the  Authority 
Wei  ht""t'nd      ^forefaid.  That  the  Juftices  of  each  and  every  County  within  this  Government, 
Meafures,  a"d  a  fhall.  Within  Tw6  Ycars  next  after  the  Ratification  ot  this  /.dt,  at  the  Qharge  of 
Keeper,  thereof,  cach  County  refpedtively,  provide  fealed  Weights,  of  Half  Hundred,  Quartt^rs  of 
Hundreds,   Half  Quarters  of  Hundreds,   btven  Pounds,   Four  Pounds,   Two 
Pounds,  One  Pound,  and  Half  Pound  ;  and  Meafures,  of  Ell,  and  Yard,  of  Brafs 
or  Copper,  and  Meafures,  of  Half  Bulhel,  Peck,  and  Gallon,  of  dry  Meafure ; 
and  a  Gallon,  Pottle,  Quart,  and  Pint,  of  Vv  ine  Meafure  •,  (tor  the  Payment  of 
which  Charge,  the  faid  Juftices  are  hereby  impowered  to  levy  a  Tax  on  their  re- 
fpedtive  Counties,)  to  be  kept  by  fuch  Ptrfon,  and  in  fuch  Place,  as  the  Juftices 
of  each  refpedtive  County  fhall  appoint,  fuch  Perfon  firft  giving  fufhcient  Security 
Tc  be  prnrided  to  the  faid  Juftices,  in  the  Sum  of  Fifty  Pounds,  Proclamation  Money :  And  the 
^■^J^^  Stamp  and  faid  Juftices  fhall  alfo  find  and  provide  for  the  faid  Perfon,  a  Stamp  for  Brafs, 
Tinn,  Iron,  Lead,  or  Pewter  Weights,  or  iMeafures,  and  alfo  a  Brand  tor  Wooden 
Meafures,  of  the  Letters  N.  C.  upon  Pain  of  forfeiting  and   paying  the  Sum  of 
Ten  Founds,  Proclamation  Money ;  to  be  recovered  irom  the  faid  Juftices,  by 
Adtion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  General  Court  of  this  Pro- 
vince, and  applied  to  the  Ufe  of  our  Sovereign  Lord  the  King,  tor  and  towards 
the  Support  of  this  Government,  and  the  contingent  Charges  thereof. 

wh»  ffiaii  try  IV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  any  Perfon 
Wei  tiT^  ""  whatfoever  ufing  Weights  or  Meafures,  fhall  bring  all  their  Meafures  and  Weights 
MeaLei.  ""^     to  the  Keeper  of  the  Standard  of  the  County  where  fuch  Perfon  ihall  refide  or 

trade, 


L  A  W  S    of    North-Carolina.  149 

trade,  to  be  there  tried  by  the  Standard,  and  fealed  or  ftamped :  And  if  any  rtr-  /^  ^-  '^'^^ 
fon  or  Perfons  fhall  buy,  fell,  or  barter,  by  any  Weight  or  Meafure  which  fliall  i,„,^^^J"J,g  ^y 
not  be  tried  by  the  Standard,  and  fealed  or  Itamped  as  aforefaid,  he,  flie,  or  they  untryed  Wejghw 
fo  offending,  fhall,    for  every   fuch  Offence,  forfeit  and  pay  the  Sum  of  Ten  f^'^^T''  " 
Pounds,  Proclamation  Money,  one  Half  to  the  Ufe  of  the  County  where  fuch 
Offence  fhall  be  committed,  and  the  other  Half  to  the  Party  who  fhall  fue  for  the 
fame ;  to  be  recovered  in  any  Court  of  Record  in  this  Government,  wherein  no 
Effoign,  Protection,  Priviledge,  Injundion,  or  Wager  of  Law,  fhall  be  allowed. 

V.  AND  whereas  Steelyards,  by  Ufe,  are  fubjed  to  Alteration,  Be  it  further  steeiywds  to  be- 
Enaaed,  by  the  Authority  aforefaid.  That  M  and  every  Perfon  who  fhall  ufe,  "^'J,^^";^^;'^*- 
buy,  or  fell,  by  Steelyards,  fhall,  once  evopYear,  try  the  fame  with  the  Stand- 
ard, and  take  a  Certificate  from  the  Keeper  of  the  Standard  for  the  County  where- 
in fuch  Perfon  fhall  refide,  upon  Pain  of  Twenty  ShiUings,  Proclamation  Money ; 

to  be  recovered  and  applied  as  aforefaid. 

VI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  it  fhall  and  ^^'fj"^^^^;''^*?' 
may  be  lawful  for  the  Standard  Keeper  to  demand  and  receive  the  Sum  of  Nine 

Pence,  Proclamation  Money,  for  each  and  every.  Pair  of  Steelyards,  Weights,  or 
Meafures,  by  him  ftamped  or  fealed  as  aforefaid. 

VII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Stand- 
ard-Keeper of  each  and  every  County,  fhall,  at  the  next  Court  to  be  held  for  the 
County  in  which  he  fhall  refide,  take  the  following  Oath,  viz. 

YO  U  fhall  fwear,  I'hat  you  will  not  ftamp,  feal,  or  give  any  Certificate  for  His  Oath. 
any  Steelyards,  JVeights,  or  Meafures,  but  fuch  as  fhall,  as  near  as  ■poffible, 
dgree  with  the  Standard  in  your  Keeping  -,  and  that  you  will,  in  all  Refpccts,  truly 
and  faithfully  difcharge  and  execute  the  Power  and  Trufi  by  this  Act  repofed  in  you, 
to  the  beji  of  your  Ability  and  Capacity.  So  help  you  God. 

VIII.  A  N  D  be  it  further  Enabled,  by  the  Autority  aforefaid.  That  the  Stand-  ^""'^gCoJ^'^u' 
ard-Keeper  of  each  and  every  County  in  this  Government,  is  hereby  impowered  rray  fearch  fuf* 
and  required,  with  the  Affiftance  of  a  Conftable,  ( who  is  hereby  commanded,  up-  p^^'^^  "v"faife 
on  Notice,  to  attend  him,  upon  Information  made  to  him  of  any  Perfon  or  Per-  Weights,  &c.  be 
fons  keeping,  or  having  in  his  or  their  Houfe  or  Cuftody,  any  Steelyards,  Weights,  bi"d''lHl"owVer 
or  Meafures,  which  have  been  altered,  leffened,  or  fhortned,  fince  they  were  tried  cf  \m  over  to 
and  fealed  by  the  Standard,  or  fhall  be  fufpeded  of  buying,  felling,  or  bartering  f'und  guilty,' the 
by  fuch  falfe  Weights  and  Meafures,)  to  fearch  the  Houfes  or  other  fufpe<5ted  t^"ff  "^^r  ^^^ 
Places  of  fuch  Offender,  for  any  fuch  Weights  or  Meafures  fo  falfified ;  and  if,  up-  exLtding  «s  '• 
on  Search,  any  fuch  falfe  Weights  or  Meafures  fhall  be  found,  he  fhall  charge  a 
Conftable  with  the  Owner  of  them,  or  the  Perfon  uling  them,  who  fhall  forth 

with  convey  him,  her,  or  them,  before  any  Juftice  of  the  Peace,  who  is  hereby 
directed  to  bind  him,  her,  or  them,  over  to  the  next  Court  to  be  held  for  the 
County  where  the  Offence  fhall  be  committed  -,  and  the  faid  Offence  fliall  be  laid 
before  the  Grand  Jury,  by  the  King's  Attorney-General,  or  his  Deputy,  and  for 
Want  of  them,  by  any  Perfon  the  County  Court  fhall  think  fit  to  appoint,  and 
fhall  be  cognizable  by  the  faid  Grand  Jury,  either  by  Indidtment,  or  Prefentment; 
and  if,  upon  Tryal  by  a  Petit  Jury,  fuch  Offender  or  Offenders  fhall  be  found  guil- 
ty, the  County  Court  fhall  fine  each  and  every  Perfon  fo  convidted,  in  any  Sum 
not  exceeding  Twenty  Five  Pounds,  Proclamation  Money  •,  One  Third  Part  there- 
of to  the  Informer,  One  Third  Part  to  the  Standard-Keeper,  and  One  Third  Part 
thereof  to  be  paid  to  the  Juftices  of  the  County,  to  be  applied  to  the  Ufe  of  the 
County  where  the  Offence  fhall  be  committed  •,  and  fhall  commit  the  Offender  to 
Goal  until  the  fame  fhall  be  paid :  And  further,  if  it  appear  to  the  County  Court,  j^J^^''"J^'>  *>"«» 
by  the  Verdift  of  the  Petit  Jury,  that  the  Offender  altered,  lefTened,  or  fhortned  weijhw.  &c. 

P  p  his 


I^tf 


L  d   W  S    of    North-Carolina. 


^-  174'-    his  or  her  Steelyards,  Weights,  or  Meafures,  or  caufed  the  fame  to  be  done,  or 
'  ufed  fuch  Steelyards,  Weights,  or  Meafures,  knowingly,  after  they  were  fo  alter- 


y. 


reftaJ"''b'fXs  ed,  leffened,  or  fhortned,  with  an  Intent  to  defraud  any  Perfon-,  in  fuch  Cafe  the 
plymg  'the  Fine,  Qq^j-I  fliall,  befidcs,  and  notwithftanding  the  faid  Fine,  fentence  fuch  Offender 
wwl  Ho«.!  to  ftand  publickly,  during  the  Sitting  of  the  Court,  Two  Hours  in  the  Pillory, 

with  his  Offence  written  over  his  or  her  Head;  Any  Law,  Cuftom,  or  Ufage  tor 

the  contrary,  notwithftanding. 

Nav»i  OfF.cer  to      IX.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Naval 
fetupinhis  Qf-  QfRcet  of  cach  and  every  Port  witlun  this  Government,  Ihall  affix  up,  in  a  Pub- 
ffl«?otJ"sAa-  lie  Part  of  his  Office,  and  there  coijfcfely  keep  affixed,  an  Advertifement  of  this 
on  Pen.  of  5 1.  ^^^  ^.j^^,-  'f  radcrs  coming  into  thinBjjpii^ernment  may  have  Notice  thereof,  upon 
HourrNcBieft.    Pain  of  forfeiting  Five  Shillings,  ^nroclamation  Money,  for  every  Twenty  Four 
Hours  the  fame  Ihall  be  negledted  ;  to  be  recovered,  by  a  Warrant  from  any  Juf- 
tice  of  the  Peace  of  the  County  where  the  Offence  fhall  be  committed,  by  any  Per- 
fon who  fhall  fue  for  the  fame,  and  applied,  One  Half  to  the  Informer,  and  the 
Other  Half  to  the  Ufe  of  the  faid  County. 

jufticesm.yt^ke  X.  AND  be  it  further  Enabled,  by  the  Authoriy  aforefaid^  That  the  Juflices 

anTvi!  ws^'^n-  of  every  County  rcfpedively,  fhall  have  Power  to  take  and  receive  into  their  Cuf- 

tothdVcJftoay,  tody,  all  fuch  Weights  and  Meafures  as  have  been  already   provided  by  their  re- 

Suti^nlr-d   to  foeftive  County  or  Parifh,  and  fhall  alfo  demand  and  receive  from  all  and  every 

provide    fuch  Perfon  or  Pcrfons  whatfoever,  all  fuch  Sums  of  Money  as  have  been  already  raifed 

Weights,  &c.  ^^  purchafe  fuch  Weights  and  Meafures,  and  difpofe  of  and  apply  the  fame,    ac- 
cording to  the  Directions  of  this  Act. 

HepeiiingCiwfc,      XI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaidy  That  all  and 

'  every  other  A(ft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretofore  made, 

fo  far  as  relate  to  Weights  and  Meafures,  or  any  other  Matter  or  Thing  within 

the  Purview  of  this  A(5t,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents 

and  Purpofes,  as  if  the  fame  had  never  been  made. 


CHAP.     XVIII. 

jtn  ABy  for  the  building  and  maintaining  of  Court-houfeSy  Prifons,  and 
Stocks,  in  every  County  within  this  Province,  and  appointing  Rules  to 
each  County  Prifon,  for  Debtors. 

Ta«i«.  tcUy  *  I.  TT  r  E  pray  that  it  may  be  Enafted,  And  be  it  Ena£fed,  by  his  Excellency  Ga- 
'tsx.fnr building  y/y  briel  Johnfton,  Efq;  Governory  by  and  with  the  Advice  and  Coufent  of 
PrXX&sIocks.  his  Majefifs  Councily  and  General  Affembly  of  this  Provincey  and  it  is  hereby  EnaH- 
4d,  by  the  Authority  of  the  fame.  That  the  Juftices  in  ail  and  every  County  or 
Counties  within  this  Province,  where  there  is  not  fuitablei^rovifion  already  made, 
fliall,  and  are  hereby  impowered  and  required,  at  the  next  fucceeding  Court  of  their 
refpedive  Counties,  after  the  Ratification  of  this  Aft,  to  lay  a  fufficient  Levy  up- 
on the  Inhabitants  of  their  faid  Counties,  not  exceeding  One  Shilling,  Proclamati- 
on Money,  per  Poll,  for  Two  Years,  for  the  building  a  Court-houfe,  Prifon,  and 
Stocks,  or  any  fuch  of  them  as  fliall  be  wanting  j  which  Levy  fhall  be  paid  and 
collefted  by  the  Sheriff  of  each  County,  in  the  fame  Manner  as  all  other  Public 
and  Parifh  Taxes  and  Levies  are  paid  and  coUcded,  and  by  him  fhall  be  account- 
ed for  to  the  Juftices  of  the  County  Court,  upon  Oathj  and  the  faid  Sheriff  fhall 
be  allowed  Three  per  Cent,  for  collefting  the  fame. 

IL  AND 


LAWS,    o/'    North-Carolina.  iri 


1741. 


to  em- 
Pcrfins   to 
I    Court- 
houfes,    &c.     in 


*•  II.  AND  he  it  further  Enactedy  ly  the  Authority  aforefaid.  That  the  Juftices 
of  each  Gounty  fhall  and  may,  from  ''jftme  to  Time,  and  at  all  Times  hereafter,  pi'y  p" 
e'mploy  Perfons  te  keep  and  maintain  the  Court-houfe,  Prifon,  and  Stocks,  alrea-.  {""p^  ^"^^ 
dy  builc, .  and  fuch  as  are  to  be  built,  by  Virtue  of  this  or  any  other  Ad,  or  to  re-  Rep«ir' 
build  fuch  as  have  fallen  to  Decay  or  Ruin,  and  the  fame  to  keep  in  good  Repair," 
by  laying  a  Poll- Tax  on  the  Inhabitants  of  their  refpe£tive  Counties  as  aforefaid^ 

III.  AND  be  it' further  Enacted^  by  the  Authority  aforefaid^  'That  if  any  Per-  Petfons  negica- 
ibn*fhal!-negle6tor  refiife  to  pay  the  aforefaid  Levies,  in  Manner  aforefaid,  and.  i"^"  ?.'';,"'"'il 

c  .  \    n  r  f  r'  l.'ivjes,  liable   to^' 

fhall  be  in  Arrear  arter  the  laft  Day  of  Payment,  fuch  Perfon  fhall  be  liable  to  dou-.  double  Oiftrefs. 
bje  Diftrefs  j  to  be  levied  on  his  Goods  and  Chattels  by  the  Sheriff  of  the  County 
where  fuch  Delinquent  inhabits :  And  for  the  Prefervation  of  the  Health  of  fuch  ^"""^y  Court  to 
Perfons  as  fhall,  at  any  Time  hereafter,  be  committed  to  the  County  Prifons,  the  b.  ur.ds ;  ar/aii 
Court  Ihall  have  Power  to  mark  out  fuch  a  Parcel  of  Land  as  they  fhall  think  fit,,  ^'^"^f";^  "°^^ 
not  exceeding  Six  Acres,  adjoining  to  the  Prifon,  for  the  Rules  thereof-,  and.  Feicny  or  Trca- 
every  Prifoner,  not  committed  for  Treafon  or  Felony,  giving  good  Security  to  ^^"^[  'the^r^'eof^'" 
the  Sheriff  of  the  County  to  keep  within  the  faid  Rules,  fhall  have  Liberty  to  walk'  giving  Security.' 
therein  out  of  the  Prifon,  for  the  Prefervation  of  his  or  their  Health :  And  every 
Prifoner  giving  fuch  Security  as  aforefaid,  and  keeping  continually  within  the  faid 
Rules,  fliall  be,  and  is  hereby  adjudged  and  declared  to  be,  in  Law,  a  true  Prifon- 
er ;  and  that  every  Perfon  therewith  concerned  may  know  the  true  Bounds  of  the  ^"""''^  *°  *"*  "' 
faid  Rules,  the  fame  fhall  be  recorded  in  the  County  Records,  and  the  Marks  there-  ne'wcd.' 
of  fhall,  from  Time  to  Time,  be  renewed,  as  Occafion  fhall  require. 


CHAP.     XIX. 

An  Adi^  the  better  to  enable  the  CommiJJioners  appointed  for  building  a 
Church  at  Newbern,  to  ereSf  the  fame^  and  to  impower  thetn  to  demand 

■  and  receive  of  aJ2y  Perfon  or  Perfons,  all  Parijh  Levies  already  laid 
and  not  appropriated ;  and  for  other  Purpofes  therein  mentioned. 

L  TT  7  H  E  R  E  A  S  by  an  Ad  of  AfTembly  of  this  Province,  pafTed  the  lafi  Prmtc. 

V  V  Seflion,  enabling  the  Commiflioners  therein  appointed  to  ered:  and  build 
a  Church  in  Ne-^bern.^.  and  the  better  to  enable  them  to  carry  on  and  finifh  the 
feine,  they  were. empowered  to  levy  a  Tax  of  One  Shilling  and  Six  Pence,  for  the 
Two  then  enfuing  Years,  on  each,  Tythable  in  the  faid  Parifh ;  and  the  faid  Tax 
being  found  infufficient  to  finifh  the  faid  Church :  And  whereas  there  was  laid, 
by  the  late  Veftry,  on  the  Inhabitants  of  the  faid  Parifh,  a  Tax  of  Fifteen  Shilling* 
per  Poll,  on  each  Tythable,  for  paying  a  Minifter  for  the  enfuing  Year,  and  the 
ibcceeding  Veftry  not  thinking  fit  to  employ  a  Minifter,  the  faid  Tax  thereby  re- 
mains, as  yet,  unappropriated  to  and  for  any  Parifh  Ufe : 

■J  'II.  WE  therefore  pray  that  it  may  be  Enaded,  And  he  it  Enacted,  by  his  Ex" 

eellency  Gabriel  Johnfton,  Efq  -,  Governor,  by  and  with  the  Advice  and  Confent  of 
his  Majefifs  Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority 
of  the  fame.  That  the  faid  Tax  of  Fifteen  Shillings,  fhall  be  appropriated  to  and 
for  the  building  and  finifhing  the  faid  Church. 

III.  A  N  D  he  it  further  EnaUed,  by  the  Authority  aforefaid.  That  the  Church- 
wardens of  the  faid  Parifli  fhall,  on  or  before  the  Firft  Day  of  May  next,  after  the 
Ratification  of  this  Ad,  account  for  and  pay  to  the  Commiflioners  appointed  by  the 
before-recited.  Ad,  all  fuch  Sum  or  Sunjs  of  Money  as  they  ihali  h^ve  received  on 

Ac- 


1^2  L  A  IV  S    o/'North-Carolina. 


D-  1741-    Account  of  the  aforefaid  Tax  or  Levy  of  Fifteen  Shillings,  under  the  Penalty  of 

— V '  One  Hundred  Pounds,  Proclamation  Money  •,  to  be  fued  for  and  recovered,  in 

the  General  Court  of  this  Province,  by  Adion  of  Debt^  Bill,  Plaint,  or  Informa- 
tion, (wherein  no  Effoign,  Injunction,  or  Wager  of  Law,  Ihall  be  allowed  or  ad- 
mitted of,  )  by  any  Perfon  who  will  fue  for  the  fame  ;  to  be  applied  to  the  Ufe  of 
the  faid  Church :  And  all  Perfons  who  have  not  paid  the  afcrefaid  Tax  or  Levy 
to  the  Churchwardens  as  aforefaid,  Ihall,  on  or  before  the  laft  Day  of  May  next, 
after  the  Ratification  of  this  Aft,  pay  the  fame  to  the  faid  Commiflioners,  or  to 
fuch  Perfon  whom  the  Majority  of  them  fhall  appoint  to  receive  the  fame,  under 
the  Penalty  of  double  Diftrefs  -,  to  be  levied  by  a  Warrant  from  One  Juftice  of  the 
Peace  for  the  faid  County,  and  to  be  applied  as  aforefaid. 

IV.  AND  whereas  the  faid  Commiffioners  have  made  One  Hundred  Thoufand 
Bricks,  towards  building  the  faid  Church  •,  and  fome  of  the  faid  Bricks  being  deem- 
ed infufficicnt  for  the  faid  Work-,  Be  it  therefore  further  Ena£led^  by  the  Authority 
aforefaid^  That  the  faid  Commiffioners,  or  the  Majority  of  them,  may  fell  or  dif- 
pofe  of  any  fuch  Bricks  as  the  faid  Commiffioners  fliall  judge  not  fitting  or  fufficient 
for  the  building  of  the  faid  Church,  and  apply  the  Money  arifing  by  fuch  Said,  to 
the  Ufcs  aforementioned. 


C  H  A  P.    XX. 

An  ASiy  for  regulating  Ordinaries,  and  Jor  Refiraitit  of  Tippling-houfes, 

PreamWe.  I.  "1  T  7"  H  E  R  E  A  S  the  Laws  at  prefent  in  Force  in  this  Province,  have,  by 

W     Experience,  been  found  inetFedual  for  the  due  Regulation  of  Ordi- 
naries, and  other  Houfes  of  Entertainment : 

ReuUeH  »f  Lu       II.  WE  pray  that  it  may  be  Enafted,  And  he  it  Enabled,  hy  his  Excellency  Ga- 

•uors  to  fell  by  |^j.jgj  johnfton,  £/f;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefifs 

M"  ""■«•  Q^^^^ii^  ^^^  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 

Authority  of  the  fame.  That  all  Perfons  whatfoever,  retailing  Liquors  after  the 

Firft  Day  of  Auguft  next,  Ihall  fell  the  fame  by  fealed  Meafures,  according  to  an 

Ad,  intituled.  An  Act,  for  .regulating  Weights  and  Meafures. 

Ordiiury-keepett  HI.  PROVIDED  dways.  That  it  Ihall  and  may  be  lawful  for  any  Perfon^ 
"'Bo«ie!''''&r  retailing  Liquocs  by  Licence  in  any  Public  Houfe  or  Houfes,  to  fell  the  lame  in 
for  ^what*  th.7  Bottles,  Bowls,  Or  Mugs,  the  faid  Bottles,  Bowls,  and  Mugs,  being  fold  for  no 
**'°**^  more  than  they  hold  or  contain. 

Perfnn,  retjiiing      IV.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  from  and 
ti?"nc!  Ti'for'  after  the  Firft  Court  in  each  County,  after  the  Firft  Day  of  May  next,  whoever 
fcitT''.'  *°  °"  fhall  retail  Liquors  in  any  Houfe,  Booth,  Arbour,  Stall,  or  other  Place,  with- 
out Licence  firft  had  and  obtained,  according  to  the  Direftions  of  this  Aft,  mail 
forfeit  and  pay  Five  Pounds,  Proclamation  Money ;  One  Half  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being,  and  the  other  Half  to  the  Informer;  to 
Method  of  Ob-  be  recovered  as  herein  after  is  direfted:  And  that  the  Method  of  obtaining  fuch 
l!l«i«.°"''""''  Licence  fliall  be  as  follows  i  Whofoever  intends  to  fet  up  an  Ordinary,  or  Houfe 
of  Public  Entertainment,  Ihall  petition  the  County  Court,  and  they,  ^^  there  Dil- 
cretion,  Ihall  judge  whether  it  is  convenient  to  fufFer  fuch  a  Houfe  to  be  there  let 
up,  whether  the  Petitioner  be  of  Ability  fufficient  to  comply  with  tlie  Intent  of  the 
Law,  and  the  Condition  of  the  Bond  hereafter  mentioned,  and  whether  the  Surety, 
who  is  to  join  in  the  Bond,  be  refponfible,  and  thereupon  to  grant  or  rejeft  the 
Prayer  of  the  Petitioner  accordingly,  and  in  Cafe  the  faid  Petitioner  fhall  be  ap- 


LAWS    of    North-Carolina.  153 

proved  of,  the  Court  (hall  then  take  Bond  of  the  Party  petitioning,  with  good    ^-  ^-  J74r. 
and  fufficient  Surety,  with  the  Penalty  and  Condition  as  followeth,  viz.  "^       v        ' 

K'  N  O  IF  all  Men  by  thefe  Preffuts,  "Thai -we,  A.  B.  and  C.  D.  are  held  and^"""^-- 
firmly  bound  uyito  our  Sovereign  Lord  George  the  Second^  by  the  Grace  of  God^ 
of  Great  Britain,  France,  and  Ireland,  Ki7ig,  Defender  of  the  Faith^  ^c.  in  the 
Sum  of  'thirty  Pounds,  Proclamation  Money  -,  to  be  paid  to  our  faid  Sovereign  Lord 
the  King,  his  Heirs  and  Succeffors^  for  the  Ufe  of  this  Province :  To  which  Payment 
well  and  truly  to  be  made,  we  bind  cur  felves,  and  every  of  us,  our,  and  every  of 
cur  Heirs,  Executors,  and  Adminifirators,  jointly  and  feverally,  firmly,  by  thefe 
,Prefents.     Sealed  with  our  Seals,  and  dated  this  Day  of 

TH  E  Condition  of  this  Obligation  is  fuch,  That  whereas  the  above  bounden  cmduion. 
A.  B.  hath  obtained  a  Licence  to  keep  an  Ordinary  at 
if  therefore  the  faid  A.  B.  doth  conftantly  find  and  provide,  in  his  faid  Ordinary, 
good,  wholfome,  and  cleanly  Lodging  and  Dyet  for  Traveller's,  and  Stable,  Fod- 
der, and  Corn,  or  Pafturage  and  Corn,    as  the  Seafon  lliall  require,  for   their 
Horfes,  for  and  during  the  Term  of  One  Year,  from  the  Day  of 

and  fliall  not  fuffer  or  permit  any  unlawful  Gaming  in  his  Houfe,  nor,  on  the 
Sabbath  Day,  fufter  any  Perfon  to  tipple  and  drink  more  than  is  neceffary ;  then 
this  Obligation  to  be  null  and  void :  Otherwife  to  be  and  remain  in  Force. 

The  Bond  being  thus  taken,  the  Court  fliall  grant  their  Order,  and  the  Clerk  Bond  fo  taken. 

Ihali  thereupon  prepare  a  Licence,  and  lign  the  fame;  and  that  Licence  fliall  con-  Liccnce%or"one 

tinue  and  be  of  Force  for  One  Year  only,  from  the  Date  of  the  faid  Order,  and  Y.ar. 
no  longer. 

T.  A  N  D  be  it  further  Enabled,  by  the  Authority  afc'refc.id.  That  there  be  paid,  Fee  to  the  Go- 
by the  Party  obtaining  fuch  Licence,  to  the  Governor  or  tommander  in  Chief  of  cence^  201!  ^to 
this  Province  for  the  Time  being,  for  his  Licence,  the  Sum  of  Twenty  Shillings,  the  cicrk,  5  s. 
Proclamation  Money  ;  and  to  the  Clerk  of  the  Court,  for  writing  the  Bond  and 
Licence,  the  Sum  of  Five  Shillings,  Proclamation  Money.' 

VL  AND  be' it  further  Enabled,  by  the  Authority  afore  faid.  That  if  any  Or-  Or.i:nary-!ceep. 
dinary-keeper  fhall  permit  in  his  Houfe  unlawful  Gaming,  or  fhall  fuffer  any  Per-  dcviy^Houfc'sn 
fon  or  Perfons,  on  the  Lord's  Day,  to  tipple  in  his  Houfe,  or  drink  more  than  fc^^f^^heZT 
is  neceffary,  or  Ihall  (without  Licence  from  their  refpedivc  Mafters,)  harbour  any  may  rupprefs  the 
Seaman,  Servant,  or  Slave,  contrary  to  the  Intent  and  Meaning  of  this  Ad,  it  ^^f"  ''"  ^T,\' 

','  '•'  o  '  who  may  diwblc 

ihall  be  lawful  tor  any  Two  Juftices  of  the  Peace,  upon  their  own  Viewer  Know-  the  offender  un- 
ledge,  or  upon  Proof  made  to  them,  by  the  Oath  of  one  credible  Witnefs,  tofup-  bl'™ed^'o7he 
prefs  the"  faid  Ordinary,  until  the  next  fucceeding  Court ;  and  upon  Certificate  be  rcftot'd. 
made  by  the  fiid  Two  Juftices  of  the  faid  Offence,  and  further  Enquiry  into  the 
fame,  the  faid  County  Court  fhall  difablc  the  Oftender  from  keeping  Ordinary 
thereafter,  until  they  fliall  think  fit  to  grant   him  a- new  Licence,  or  to  reftore  him 
to  keep  Ordinary  upon  tHe  former  Licence,  as  they  fhall  fee  Caufe:  And  if  any  '^  '■*  retails  ln 
Ordinary-keeper  fhall  fell  or  retail  any  Liquor,  after  he  hath  been  fo '  difcharged  bXr/  heT^re'' 
by  ttje  aforefaid  Two  Juflices,  aod  before  he  fliall  be  reftored  by  the  Court,  he  ^^^^t^l'^f^  '° 
fhali  be  liable  to  all  the  Penalties  and  Forfeitures,  as  if  he  had  never  obtained  a  tailing  withcut" 

L  icence.  Licence. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  Jufjices  court  annually 
of  each  County  fhall.  Annually,  at  the  next  Court  held  after  the  Firft  Day  of  May,  '"  '"•=  Ordinary- 
fet  and  rate  the  Prices  that  Ordinaries  fliall  entertain  and  fell  at  •,  that  is,  of  Liquors,     "^"* 
according  to  the  Meafures  before  mentioned,  and  of  Dyct,  Lodging,  Fodder,,  or 
Provender,  or  Corn  and  Pafturage. 

0^9  yill.  ANB^ 


1 54  Z//f^»So/'    North-Carolina. 


A.  D.    1741. 

o^n^TCe'."^      VIIL  A  N  D  be  it  further  Enactcdi  by  the  Authority  aforefaid.  That  if  any  Or- 

ers  "taki'ng^mc.r.e  dinary-kccper  fhall  afk^  demand,  or  receive,  a  greater  Price  for  any  Drink,  Dyet, 

|,'^j"^/''j^p  f^[^^,^  Lodging,  Fodder,  Provender,  Corn,  or  Pafturage,  than  fhall  be  fet  down  and 

10  s. '  rated  by  the  Juftices  of  the  County,  according  to  this  A6t,  he  or  Ihe  fhall,  for 

every  fuch  Offence,  forfeit  and  pay  Ten  Shillings,  Proclamation  Money,  to  the 

Informer;  tp  be  recovered,  with  Cofts,  by  the  Warrant  of  any  Juftice  of  the 

Peace  of  the  County  where  fuch  Offence  fhall  be  committed. 

J/ "^he^  rald'^*       IX.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  Or- 

?rices  fet'up  in  dinary-kccper  fhall,  within  One  Month  after  the  Rates  fhall  be  fet  by  the  County 

Pe?  If '""t "' °"  ^°"^^  where  the  Licence  was  granted,  obtain  of  the  Clerk  a  fair  Table  of  the 

^  ■       Rates  and  Prices  fet  by  the  Court,  for  which  the  Clerk  may  afk  and  receive  Two 

Shillings  and  Six  Pence,  Proclamation  Money,  and  no  more  -,  which  Table  fhall 

be  openly  fet  up  in  the  common  entertaining  Room  of  the  faid  Ordinary,  and  there 

conftantly  kept  during  One  whole  Year,  or  until  the  Rates  fhall  be  again  fet  by 

the  Court:  And  every  Ordinary-keeper  faihng  herein,  fhall  forfeit  and  pay  the 

Sum  of  Five  Pounds,  Proclamation  Money. 

p^rfonj  kecpmg  X.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  if  any  Per- 
nor'i"n''Xwn  ^°'^'  contrary  to  the  true  Intent  and  Meaning  of  this  A61,  fhall  keep  a  Tippling- 
th.-  F  le.  or  houfe,  or  retail  Liquor  as  aforefaid,  without  Licence,  and  being  thereof  lawfully 
to'"p.fy  fn'"n7  convidcd,  fhall  not  pay  down  the  faid  Fine  of  Five  Pounds,  Proclamation  Mo- 
M  nth,  to  have  ncy.  Or  forthwith  give  Security  to  pay  the  fame,  within  One  Month  next  after 
w  ^'vv'aR-i>'  ft"^  fuch  Convidion,  he  or  fhe  fo  offending,  fliall  immediately,  by  Order  of  the  Court 
ar,dt>rthefecond  beforc  whom  fuch  Conviftion  fhall  be,  receive,  at  the  PubUc  Whipping-Polt, 
fails"  t^'  pay,  w  oi^  his  ot  her  bare  Back,  Thirty  Lafhes,  well  laid  on,  for  the  firfl  Offence,  in 
hjve  39  Li/hes,  Liew  of  thc  faid  Fine-,  and  for  the  Second,  and  every  future  Offence,  upon  re- 
tc^d  to  Pd^^for  fufmg  to  pay  or  give  Security  for  the  faid  Fine  as  aforefaid,  he  or  fhe  fhall,  by 
out  Baif'  "^"'^  Order  aforefaid,  receive  Thirty  Nine  Lafhes  as  aforefaid,  and  fhall  be  committed 
Off\iid..rnotab!e  to  Prifon  for  the  Spacc  of  One  Month,  without  Bail  or  Mainprize  :  And  where 
*°ifio be  cha'^M  ^^^  Offender  is  not  able  to  pay  the  Fine,  in  that  Cafe  thc  Informer  fhall  not  be 
\p;th  Fees.         chargeable  with  any  Fees,  accrued  by  Reafon  of  fuch  Information. 


Oiiinary  keep-  XL  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  no  Ordinary- 
"jo « t'^'any  Sal.  keeper  or  Mailer  of  a  Tippling-houfe,  or  any  Perfon  whatfoever,  fhall,  after  the 
lorinaftuaipay,  Ratification  of  this  Adf,  trufl  or  fell  Drink  to  any  common  Sailor,  in  a£lual  Pay 
the  Mafter ;  nor  on  board  any  Ship  or  Vefiel  within  this  Province,  w  ithout  Leave  of  the  Mafler 
lbove^''^s'''«r  *^^  ^^^"^  ^^^P  ^^  Veffel,  for  any  Value  whatfoever  upon  Credit,  under  the  Penalty 
Ws  the  Party  of  lofing  all  the  Money  trufled  to  fuch  Sailor  as  aforefaid-,  nor  fhall  fell  Drink, 
pfn  ono^ffng  all  "P°"  Trufb,  to  any  Perfon  whatfoever,  to  a  greater  Value  than  Ten  Shillings, 
thfli-e  10  s.  Proclamation  Money,  unlefs  the  Perfon  fo  trufted  fhall  fign  a  Book,  in  Acknow- 
^ledgment  of  the  faid  Debt  \  under  the  Penalty  of  lofing  all  the  Money  fo  trufted, 

over  and  above  the  faid  Sum  of  Ten  Shillings,  Proclamation  Money  j  and  the 

Perfon  fo  trufted,  fhall  not  be  liable  to  pay  the  fame. 

rin«  approp.ia.  XII.  A  N D  be  it  further  EnoMedy  by  thz  Authority  aforefatd.  That  all  Penalties^ 
Fines,  and  Forfeitures,  in  this  Ad:,  the  Method  of  recovering  or  applying  where- 
of are  not  herein  particularly  directed,  fhall  be.  One  Half  to  the  Churchwardens 
and  Veilry  of  the  Parifh  where  fuch  Fine  is  incurred,  for  and  towards  the  con- 
ting<int  Charges  of  the  Parifh,  and  the  other  Half  to  him  or  them  that  fhall  fue 
for  the  fame  ;  to  be  recovered,  with  Coffs,  by  Adion  of  Debt,  Bill,  Plamt,  or 
Information,  in  any  Court  of  Record  within  this  Province ;  wherein  no  EfToign, 
Protedion,  or  Wager  of  Law,  fhall  be  allowed, 

XIII.  ?R0- 


LAWS    of    North-Carolina.  lec 

A    D      I74.I- 

XIII.  P ROVIDEB  al'-joays.  That  nothing  herein  contained,  fhall  be  con-  ^"^T^^ 
ftrued,  deemed,  or  taken,  to  prohibit  or  rcftrain  any  Merchant  or  other  Pcrfon,  Machants"from 
to  fell,  by  Retail,  Wine,  Brandy,  Rum,  or  Spirits,  in  any  Quantity  not  lefs  than  ''.'''[''"sLquo", 
a  Quart,  or  Ale,  Beer,  or  Cyder,  many  QuaKtity  notlels  than  a  (jallon,  if  none  not  drank  attheit 
of  the  faid  Liquors  are  allowed  to  be  tippled  or  drank  out  at  the  Houfes,  Stores,  "'"*'^^* 

or  Plantations,  where  the  fame  are  fold. 

XIV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaidj  That  all  and  RepeaiiogCUuft, 
every  A61  and  Ad:s,  and  every  Ciaufe  and  Article  thereof  heretofore  made,  fo  far 

as  relate  to  regulating  Ordinaries,  and  Reftraint  of  Tippling-houfes,  or  to  any  other 
Matter  or  Thing  whatfoever  within  the  Purview  of  this  Ad:,  is  and  are  hereby 
repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  beea 
made. 


CHAP.     XXI. 

An  A5fy  for  the  Relief  of  fuch  Perfons  as  have  fuffered,  or  may  fuffer^ 
by  the  Regijiers  of  the  feveral  Counties  within  this  Province  negleSling 
to  regifler  their  Deeds  or  rnefne  Co7iveyances  j  or  who^  through  Igno- 
rance or  Negle£Ij  have  not  had  the  fame  acknowledged^  proved^  and  re- 
gifred, 

I.  TTT  HERE  AS,  by  an  Ad  of  the  General  Affembly  of  this  Province,  p^^^we. 

V V  intituled,  yln  A£t,  to  appoint  Public  Regijiers,  and  to  direct  the  Method 
to  be  ohferved  in  ccn'veying  Lands,  Goods,  and  Chattds,  and  to  prevent  fraudulent 
Deeds  and  Mortgages,  amongft  other  Things  it  is  Enaded,  That  no  Conveyance 
or  Bill  of  Sale  for  Land,  (other  than  Mortgage,)  in  what  Manner  or  Form  foever 
drawn,  fhould  be  good  and  available  in  Law,  unlefs  the  fime  was  acknowledged 
by  the  Vender,  or  proved,  by  one  or  more  Evidences,  upon  Oath,  either  before 
the  Chief  Juflice  for  the  Time  being,  or  in  the  Court  of  the  Precind  where  the 
Land  lay,  within  Twelve  Months  after  the  Date  of  the  fame  Deed :  And  whereas 
fevefal  of  the  Public  Regifters  of  the  feveral  Counties  of  this  Province,  have  neg- 
lected to  regiftcr  feveral  Deeds  or  mefne  Conveyances,  purfuant  to  the  before- 
recited  Act,  and  feveral  Perfons,  through  Ignorance  or  Negled:,  have  failed  to 
prove,  acknowledge,  and  regifter  their  Deeds  or  mefne  Conveyances ;  and  alfo,  fe- 
veral Perfons  have  recorded  their  Deeds  or  mefne  Conveyances,  in  the  Clerk's  Of- 
fice of  the  fciveral  Precindts  or  Counties  in  which  fuch  Lands  lye,  believing  the 
fame  as  effcftual  as  if  the  faid  Deed  or  mefne  Conveyance  had  been  regiftered  in 
the  Regiftcr's  Office  as  aforefaid  ;  whereby  feveral  Perfons  Titles  to  their  Lands  and 
Tenements  are  become  precarious,  to  the  great  Prejudice  of  fuch  Perfons :  To  the 
End  therefore  that  all  poflable  Relief  may  be  given  to  the  Perfons  whofe  Eftates, 
Titles,  and  Interefts,  may  be  affeftcd  thereby ; 

II.  W  E  pray  that  it  may  be  Enadled,  And  be  it  Enacted,  by  his  Excellency  aii  DeeJs,  &e; 
Gabriel  Johnfton,  Efci  •,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ""'  iftj^^'^*^' 
jefty's  Council,  and  General  AJfejnbly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  gifterthcm°withl 
Authority  of  the  ftime.  That  all  Deeds  and   mefne  Conveyances  of  Lands,  Te-  '"  '^".'''  '^'^-^ 

JTTl-  111  n  '"^    delivpitd    to 

ncments,  and  Hereditaments,  not  already  acknowledged,  proved,  and  regiftered,  h  m  vmhin  teu 
by  any  Neglect  as  aforefaid,  the  Public  Regifter  of  every  County  where  llich  Neg-  '^^""''''• 
led  hath  happened,  fhall  regifter  fuch  Deed  or  mefne  Conveyance,  within  Twelve 
Months  after  the  Ratification  of  this  Ad ;  provided  fuch  Deeds  or  mefne  Convey- 
ances, be  delivered  to  the  Regifter  of  each  County  where  the  Land  lyeth,  within 
Ten  Months  after  the  Ratification  of  the  fame.  III.  AND 


1^6  LAWS    0/    North-Carolina. 


ji.  D.    1741. 

^— — V' ^       III   ■"Jl^D  he  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  all  Deeds  or 

fee/"  rtgfftred!^  mefne  Conveyances,  which  have  been  recorded  by  the  Clerk  of  any  Precindl  or 
tho-  not  within  Couiity  Court  witliin  this  Province  where  fuch  Lands  lie,  or  have  been  heretofore 
cUred  valid.        fegiftered  by  the  Public  Regifter  of  any  of  the  faid  Precinds  or  Counties  within 
this  Province   where  fuch   Lands  lie,  though  not  within  One  Year  after  the  Date 
of  fuch  Conveyance,  fhall  be  good  and  valid  in  Law  j  and  all  Deeds  and  mefne 
Conveyances  hereafter  to  be  proved,  acknowledged,  and  regiftered,  in  the  Man- 
ner as  is  by  this  A<5t  direded,  (liall  be  good  and  valid,  to  all  Intents  and  Purpofes, 
as  if  the  faid  Deeds  and  mefne  Conveyances  had  been  regiftrcfJ  purfuant  to  the 
And  fuch  as  are  bcfore-rccited  A61 :  And  fuch  Regiftry  of  all  and  every  Deed  or  mefne  Convey- 
Aa'^'tobewud!  ^Ficc,  already  regiftered,  or  that  hercaiter  fliall  be  regiftered,  by  Virtue  of  this  or 
the  beibrc-rec'ited  A6t,  or  a  Copy  thereof,  properly    attefted  by  the  Regifter, 
iliall  and  may  (where  fuch  original  Deed  or  mefne  Conveyance  is  loft,)  be  given 
in  Evidence  in  any  Court  within  this  Province,  in  fuch  Suit  or  Suits  wherein  there 
may  be  Gccafion  to  give  fuch  regiftered  Deed  or  mefne  Conveyance  in  Evidence  -, 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Xegifter  negieft.       IV.  A  N  D  he  it  furthcr  Ena^cdy  hy  the  Authority  aforefai J,  Tha.t  every  RegiGicr 
©tdsVc'tuh-  that  fhall  negled,  rcfufe,  or  delay  to  regifter  any  Deeds,  mefne  Conveyances,  or 
in  2  M  nths  if-  any  other  Inftruments  of  Writing,  within  Two  Months  after  delivered  to  him, 
Atfeft  io'i?'  '°  ^uch  Regifter  or  Regifters,  for  each  and  every  Two  Months  fo  neglecting,  refufing, 
or  delaying,  fhall  torfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Mo- 
ney •,  One  Half  to  the  Life  of  the  Parifh,  and  the  other  Half  to  him  or  them  that 
ihall  fue  for  the  fame,  to  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  In- 
formation, in  any  Court  of  Record  in  this  Government,  wherein  no  ElToign,  In- 
jundtion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 


CHAP.    XXU. 

j^n  A£f^  for  Fiinijhment  of  Defer ters.     O  B  S, 


jiftes 


CHAP.     XXIII. 

An  AB,  for  Eflahlijhing  the  Church,  for  appointi?ig  Farijhes,  and  the  Me- 
thod of  eleSling  Veftries ;  ajid  for  diredling  the  Settlement  of  Parip 
Accompts  throughout  this  Government.  ' 

Govern  ent  di.  ^'  XJ  "^  ^''  ^"^^^^^  h  his  Excelkncy  Gabriel  Johnfton,  Efq;  Governor,  hy  and 
vidId*''X"pa-*       Jj  with  the  Advice  and  Conjent  of  his  Majefifs  Council,  and  General  Ajfemhly 
.     of  this  Fr evince,  and  it  is  hereby  Ena^ed,  hy  the  Authority  of  the  fame.  That  this 
Government  be  and  it  is  hereby  divided  into  diftinft  Pariflies,  in  the  Manner  fol- 
lowing i  that  is  to  fay,  St.  Paul's  Parifli,  in  Chowan  County,  Berkely  Pariih,  in 
Pequimons  County,  St.  John's  Parifli,  on  the  Southwefl  Side  of  Pafquotank  River, 
and  St.  Peter's  Parifh,  on  the  Northeafi  Side  of  Pafquotank  River,  in  Pafquotank 
County,  Currituck  Parifh,  in  Currituck  County,    liorthwefl  Parifli,    and  Society 
Parifli,  in  Bertie  County,  St.  Andrew's  Parifh,-  in  ?>rf//  County,  St,  "Thomas'^ 
Parifh,  in  Beaufort  County,  St.  George'^  Pariih,  in  Hyde  County,  Chrifl' s-Church 
Parifh,  in  Cr^i;^;;  County,  St.  John's  Parifh,  in  Onflow  County,  St.  James's  Pa- 
rifh, on  the  Eaft  Side  of  Cape-Fear  River,  in  New-Hanover  County,  and  St.  Phil- 
lifs  Parifh,  on  the  We/l  Side  of  Can-Fear  River,  in  JSew-HanQver  County,  from 
-  -  the 


LAWS    o/'    North-Carolina.  1^7 

the  Mouth  of  the  laid  River,  runing  up  the  Northweji  River  to  the  Bounds  of  ^-  ^-  '741. 


■V- 


the  County,  inclufive  of  the  Ifland  at  the  Mouth  of  the  Northweji  and  Northeaji 
Rivers,  in  the  faid  County,  commonly  called  £«^/f's  i/?a«^, '  lying  to  ih^  South 
of  the  Thoroughfare,  St.  Martin's  Pariih,  in  Bladen  County,  and  Edgcomb  Pa- 
rifli,  in  Edgcomb  County. 

II.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  I%abi-  inhabitants  ai 
tants  of  every  Pariih  aforefaid,  being  Freeholders,  fhall,  and  they  are  hereby  di-  cWe^diry- 
re(5ted  and  inipowered,  to  meet  together  on  the  Firft  Monday  next  after  the  Rati-  "^s".  who  ihiu 
fication  of  this  Adt,  and  on  every  Eafter  Monday  every  Two  Years  thence  after,  a^c^rnTbiT^o' 
at  the  Court-houfe,  or  where  there  is  no  Court-houfe,  at  the  moft  ufual  Place  of  m=et  »nd  quaUff 
Public  Worfhip,  in  every  Parifh,  then  and  there  to  choofe  and  ele<!if  Twelve  Free- 
holders, to  ferve  as  Veftrymen  for  the  Two  next  enfuing  Years  :  Which  Veftry- 

men  fo  chofen,  Haall,  by  the  Conftable  or  Conftables,  be  fummoned  to  meet  at 
the  Church,  and  where  there  is  no  Church,  then  at  the  Court-houfe,  or  where 
there  is  no  Court-houfe,  at  the  moll  ufual  Place  of  Pubhc  Worfhip  as  aforefaid, 
in  each  refpedtive  Parifli,  within  Forty  Days  next  after  fuch  Choice,  and  then  and 
there  to  Qualify  themfelves  according  to  the  Direiftions,  and  under  the  Penalty 
hereafter  mentioned  ;  and  if  the  faid  Conftable  or  Conftables,-  or  any  of  them,  Ihall 
negledt  or  refufe  to  fummon  the  Veftry  as  aforefaid,  he  or  they  fo  offending,  fhall 
forfeit  and  pay  the  Sum  of  Twenty  Shillings,  Proclamation  Money,  for  each'  and  ' 
every  Veftry  man  not  fummoned  as  aforefaid,  who  fhall  rcfide  within  the  Diftrict 
of  fuch  Conftable  •,  to  be  levied  and  applied  as  herein  after  is  direded. 

III.  AND  hs  it  further  EnaBed,  by  the  Authority  aforefaid^  That  no  Perfon  Vtdrymen  to 
Ihall  be  admitted  to  be  of  any  Veftry  within  this  Government,  that  doth  not  take  *=>'^=  ^^c  Oaths, 
the  Oaths  by  Law  appointed  to  be  taken,  for  the  Qualification  of  Public  Officers,  ff'"3'i"and^fa- 
and  fubfcribe  the  following  Declaration,  wz.  /.  A.  B.  do  declare,  'That  I  will  not  "y '"^fuCe,  major 
oppofe  the  Liturgy  of  the  Church  of  England,  as  it  is  by  Law  ejlablifhed:  And  all  othcK. 

and  every  Veftryman  who  fhall  negle6t  or  refufe  to  do  the  fame,  fhall  (if  he  be  not 
a  known  DifTenter  from  the  Church  of  England,)  forfeit  and  pay  the  Sum  of  Three 
Pounds,  Proclamation'  Money  -,  to  be  levied  and  applied  as  herein  after  is  diredled : 
And  If  any  Perfon  or  Perfons,  chofen  as  a  Veftryman  or  Veftrymen,  fhall  neg- 
lefl  or  refufe  to  take  and  fubfcribe  the  faid  Declaration,  the  Veftry  of  which  fuch 
Perfon  or  Perfons  was  or  were  elefted  a  Member,  or  the  major  Part  of  them,  are 
impowered  and  required  to  eledt  and  choofe  another  or  other  Freeholder  or  Free- 
holders, to  be  Veftryman  or  Veftrymen  in  the  Room  and  Stead  of  the  Perfon  or 
Perfons  neglefting  or  refufing  as  aforefaid :  And  if  it  fhall  happen  that  the  Veftry 
of  any  Pariih  within  this  Government,  fhall  not  eledl  and  make  Choice  of  another  Veflry  ncgieajsg 
or  others  in  the  Room  and  Stead  of  fuch  Veftryman  or  Veftrymen  negledling  or  5°  'theVoom^"? 
refufing  to  qualify  as  aforefaid,  within  one  Month  next  after  fuch  Negledl  or  Re-  ''^"''^  rcfuf.ng  to 
fufal,  that  then  and  in  fuch  Cafe  it  fhall  and  may  be  lawful  for  the  Minifter  of  fuch  m»V  a^pp"'""';  "if 
Parifh,  or  for  Want  of  fuch,  the  Governor  or  Commander  in  Chief  for  the  Time  "°  ^^"ift^.^the 
being,  under  his  Hand  and  Seal,  to  appoint  fome  Freeholder  or  Freeholders  to    ""^""^  '"^^" 
fupply  fuch  vacant  Place  or  Places  in  fuch  Veftry. 

IV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral  veftrymen  to 
Veftries  of  this  Government  fhall,  within  Forty  Days  after  Eajier  Monday,  Yearly,  ^°°f«  church- 
arid  every  Year,  eled  and  choofe  out  of  the  faid  Veftry,  Two  Perfons,  to  execute  ekaeTrWufe'to 
the  Office  of  Churchwardens  in  each  and  every  refpeftive  Parifh ;  and  if  the  Perfons  ^^:  ]°v^^ '>°^' 

,     -,     J  J       1       r         /~-\  I-         r       \  •   ■K  1-1  rtii  -    r  ^"^    Veftry     lo 

elected  and  chofen  Churchwardens  as  aforefaid,  or  either  of  them,  fhall  refufe  to  cka  others. 
execute  the  faid  Office,  he  or  they  fo  refufing,  fhall  forfeit  and  pay  Forty  Shil- 
lings, Proclamation  Money  •,  to  be  levied  and  applied  as  herein  after  is  dire<5ted ; 
and  the  Veftry  fliall  immediately  proceed  to  eled  and  choofe  another  Churchwarden 
or  Churchwardens  out  of  the  Veftrymen,  in  the  Room  of  him  or  them  fo  refufing 
to  ad. 

R  r  V.  ?K0' 


I  j8  LA   W  S    of    North-Carolina. 


Jl.  D.    1741. 

*^ — -^--^  y  PROVIDED  alzvayst  That  no  Perfon  whatfoever,  fhall  be  obliged  to 
S°to"erv«  mole  fcrvc  as  Chutchwarden  in  any  Parifli  within  this  Government,  for  more  than  One 
than  J  Year.       Ye^T,  unlcfs  he  cottfent  thereto. 

Churchwardens,  yj^  A  N  D  he  it  further  Ena3edi  That  the  Churchwardens,  or  in  Cafe  they  re- 
veftr^y^'may  wii  fufdil  negledl,  any  Three  or  more  of  the  Veftry  in  each  and  every  Parifh  in  this 
a  Veftry.  Govcmment,  fhall  have  full  Power  and  Authority  to  call  the  Veftry  together,  at 

the  Places  as  are  in  this  Aft  heretofore  directed,  at  any  Time,  and  upon  any  Oc- 
cafion,  they  fhall  judge  neceffary,  by  Warrant  or  Warrants  under  their  Hands, 
direftcd  to  the  feveral  Conftables  of  the  refped:ive  Diftricts  and  Parifhes,  who  fhall 
^  be  obliged  to  execute  the  fame  according  to  the  Tenour  thereof,  under  the  Penalty 

'■■'  of  Ten  Shillings,  Proclamation  Mon^,  for  each  and  every  Veftryman  in  fuch 

Warrant  mentioned,  who  fhall  not  be  fummoned ;  to  be  levied  and  applied  as 
herein  after  is  direded :  And  every  Veftryman  who  fhall  negleft  or  refufe  to  attend 
the  Veftry  agreable  to  fuch  Summons,  fhall  forfeit  and  pay  the  Sum  of  Ten  Shil- 
lings, Proclamation  Money,  for  fuch  Offence,  unlefs  he  can  fhew  fyfHcient  Caufc 
for  his  fo  doing,  to  be  admitted  of  by  the  Veftry,  or  the  major  Part  of  them,  at 
their  next  Meeting  -,  to  be  levied  and  applied  as  herein  after  is  diredted. 

On  Death  or  Re-*     "^"11.  AND  he  it  further  EnaSted^  by  the  Authority  afore faid^  That  the  Vef- 
movai  of  Church  tries  of  the  feveral  Parifties  of  this  Government,  fhall  have  full  Power  and  Au- 
^n,on  orrfnie  thority,  upon  the  Death  or  Removal  out  of  their  refpeftive  Parifhes  of  any  Church- 
ofservice,veftry  warden  or  Churchwardens,  before  the  Time  limitted  for  the  executing  the  faid  Of- 
to  choofe  others.  ^^^  j^^  expired,  to  eled "  and  chufe,  out  of  the  Veftry,  another  Churchwarden  or 
Churchwardens,  in  the  Room  and  Stead  of  the  Perfon  or  Perfons  dead,  or  remov- 
ing out  of  the  Parifh  as  aforefaid ;  which  Churchwarden  or  Churchwardens  fo  elect- 
ed and  chofen,  fball  ferve  until  the  Time  appointed  by  this  A6t  for  the  Eleftion 
and  Choice  of  Churchwardens :  Any  Thing  herein  contained  to  the  contrary,  not- 
withftanding. 

Veftry  to  lay  a  yill.  AND  be  it  fuTthev  Ena5ied,  hy  the  Autority  aforefaid.  That  the  Vef- 
Si  chargf"''  tries  of  each  refpedive  Parifh  within  this  Government,  fhall  have  full  Power  and 
Authority,  and  they  arc  hereby  direded  and  required,  within  Forty  Days  next  af- 
ter every  Eafter  Monday,  Yearly,  and  every  Year,  to  appoint  and  order  fuch  Sum 
of  Money  as  they  ftiall  judge  neceffary,  to  pay  and  fatisfy  the  Expence  and  Charge 
of  their  refpedive  Parifti,  for  the  then  current  Year,  to  be  raifed  by  the  Poll,  and 
colleded  in  the  fame  Manner  by  the  Sheriff  as  other  Taxes. 

Dedufting  three  jx.  A  N D  he  it  EnaSfed,  hy  the  Authority  aforefaid.  That  the  Churchwardens 
Churchwardens  of  each  and  every  refpecStive  Parifh  in  this  Government,  fhall  deduft,  out  of  the 
Trouble.  Money  arifmg  from  all  Parifh  Taxes  by  them  received,  the  Sum  of  Thxttpr  Cent, 

as  a  Reward  for  their  Trouble,  and  no  more. 

chuvchwa-den,        ^-  ^'^  ^  D  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Church- 
to '"'aV^'panfh  wardens  of  each  and  every  refpedive  Parifh  in  this  Government,  fhall,  the  firft 
Veftry'  on  Pen  ^cftry  to  be  held  in  each  Parifh  after  every  Eajler  Monday,  Yearly,  and  ever  Year, 
«f  zcr'\.  '     '"■  on  Oath,  account  with  their  refpedive  Veftries  for  all  Parifli  Monies  in  their  Han^s, 
of  what  Kind  or  Denomination  foever,  that  now  are  or  hereafter  fliall  become  due, 
by  Virtue  of  any  Law  Ibr  that  Purpofe,  or  otherwife,  and  ftiall  pay  the  fame  to 
the  Veftry,  or  their  Order :  And  if  any  Churchwarden  or  Churchwardens  which 
now  is  or  are,  or  that  hereafter  ftiall  be,  in  any  of  the  refpedive  Parifhes  in  this 
Government,  fhall  ncgled  or  'refufe  to  account  for  and  pay  to  the  refpedive  Vef- 
tries, or  their  Order,  the  Money  in  his  or  their  Hands,  belonging  to  the  Parifh 
for  which  he  or  they  are  Churchwardens,  within  Twenty  Days  next  after  Notice, 
in  Writing,  given  to  him  ox  them,  to  account  for  and  pay  the  Parifh  MQ;iey  afme- 

faid. 


LAWS    of    North-Carolina. 


59 


faid,  he  or  they  fo  offending,  fha]l  feverally  forfeit  and  pay  Twenty  Five  Pounds,    ^-  ^-   '74i. 
Proclamation  Money;  to  be  recovered  by  Adion  of  Debt,  Bill,  Plaint,  or  Infor-  *■        v        * 
mat4on,  in  the  Name  of  the  Churchwardens,  in  any  Court  of  Record  within  this 
Province,  wherein  no  Efibign,  Injundtion,  Protedion,  or  Wager  of  Law,  (hall 
be  allowed  or  admitted  of  j  to  be  applied  by  the  Veftry  to  the  Ufe  of  the  Parifh. 

XI.  P  ROV  ID  ED  always.  That  nothing  in  this  Ad  fhallbe  conftrued  to  Provifo. 
repeal  any  Claufe,  Matter,  or  Thing,  in  Two  feveral  Afts,  pafTed  laft  Seflion, 

at  Edenton,  for  the  finifting  a  Church  at  Edenion,  and  for  erecting,  building,  and 
finillhing  a  Church  at  Newbern. 

XII.  J  N  D  he  it  further  EnaSted,  by  the  Authority  aforefaid.  That  the  Veftry  y,"^'/,,"^'^^''' 
and  Churchwardens  of  each  and  every  Parifh  in  this  Government,  fhall  have  full  count  fo/pM.rn 
Power  and  Authority  to  call  any  Juftice  of  the  Peace  or  other  Perfon  or  Perfons  *^°"«y- 
whatfoever,  to  account,  upon  Oath,  for  the  Monies  in  the  Hands  of  them  or  any 

of  them  belonging  to  their  refpedive  ParilTies,  or  accruing  and  becoming  due  to 
the  fame,  by  Virtue  of  any  of  the  Laws  of  this  Government :  And  if  any  Juftice  or 
Juftices  or  other  Perfon  or  Peifons,  fhall  refufe  to  appear  and  account  as  aforefaid, 
fuch  Juftice  or  Juftices,  or  any  other  Perfon  or  Perfons  fo  refufing  or  neglecting, 
fhall  forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Money  •,  to  be  re- 
covered by  the  Churchwardens  of  the  Parifti  where  fuch  Monies  become  due,  or 
where  payable,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of 
Record  within  this  Government,  v/herein  no  Eflbign,  Protection,  Injunction,  or 
Wager  of  Law,  ftiall  be  allowed  or  admitted  of;  and  to  be  applied  to  the  Ufe  of 
the  Parilh. 

XIII.  AND  he  it  further  EnaSfed,  hy  the  Authority  aforefaid.  That  the  Veftry  '^«%  to  Uy  . 
of  each  and  every  Parifti  in  this  Government,  fliall  have  full  Power  to  raife  Mo-  in"'  church"* 
ney,  by  the  Poll,  for  building  a  Church,  Chappel,  or  Chappies,  to  purchafe  Lands  Giebe-houfe,&e. 
for  a  Glebe,  to  erect  convenient  Buildings  thereon,  and  to  keep  the  aforefaid  Edi- 
fices in  Repair,  as  Need  ftiall  be,  from  Time  to  Time,  and  to  buy  Books  and 
Ornaments  for  the  Church  and  Public  Worlhip,  and  for  the  Care   and  Support 

of  the  Poor,  and  all  other  Parifti  Charges  as  they  fhall  judge  neceflary  for  the  re- 
fpective  Parifhes  •,  which  faid  Poll-Tax  ftiall  be  collected  and  levied  as  in  this  Act 
before  is  directed,  and  ftiall  not  exceed  Five  Shillings,  Proclamation  Money,  ;per 
Poll,  in  any  one  Year,  for  all  the  Purpofes  in  this  Act  before  mentioned. 

XIV.  AND  be  it  further  Ena^cd^  hy  the  Authority  aforefaid.  That  the  feveral  Veftry  m procure 
Churchwardens  and  Veftries  of  the  feveral  and  refpective  Pariihes  of  this  Govern-  ci«k,''^2nd  ^a". 
ment,  or  the  greateft  Part  of  them,  ftiall  ufe  their  beft  and  utmoft  Endeavours,  to  1°^  them  Sak^ 
procure  an  able  and  Godly  Minifter,  qualified  according  to  the  Ecclefiaftical  Laws  ""* 

of  England,  and  a  Perfon,  of  a  fober  Life  and  Converfation,  to  be  Clerk ;  and  may 
raife  him  or  them  fuch  Stipends,  Yearly,  as  they  fhall  think  convenient,  fo  as  fuch 
Stipend  for  the  Minifter  be  no  lefs  than  Fifty  Pounds,  Proclamation  Money,  Yearly. 

XV.  PROVIDED  always.  That  fuch  Minifter  for  whom  fuch  Monies  are  Minifter  to  be 
fo  to  be  raifed,  be  conftantly  reftdent  in  the  Parifti,  and  doth  not  omit  officiating  Parifl,"'&"  '^'* 
at  the  Church  or  Chappels  within  the  Parifh,  unlefs  permitted  by  the  Church- 
wardens and  Veftry  to  officiate  in  fuch  neighbouring  Parifh  which  may  be  vacant, 

or  difabled  by  Sicknefs,  or  other  unavoidable  Accident. 

XVI.  AND  he  it  further  Enacted,  That  if  any  Minifter  who  fhall  have  a  Cure  Minifter  piity  of 
in  any  Parifti  by  Virtue  of  this  Act,  ftiall  be  notorioufly  guilty  of  -any  fcandalous  ^v,Zyt^y'^\ih. 
Immorality,  it  fhall  and  may  be  lawful  for  any  Number  of  the  Veftry  not  lefs  than  draw  his  Salary. 
Nine,  agreeing  thereto,  to  v.'ithdraw  the  Stipend  by  this  Act  allowed  to  fuch  Mi- 
nifter. 

XVII.  Pi? 0- 


i6o  L  A  JV  S    o/'North-Carolina. 

A.  D.    1741. 

j^---^^-"^  XVII.  P ROV IDED  alwaysy  That  after  fuch  withdrawing  of  the  Stipend, 
bring  Suit  f'/r'his  fuch  Minifter  fhall  be  at  Liberty  to -bring  Suit,  in  the  General  Court  of  this  Pro- 
saiary,^»nd  v^f-  yj^ce,  againft  thc  Churchwardens  cf  his  Farifh,  for  the  Recovery  of  his  Stipend  ; 
tiieir  Order.  in  wMch  Suit  the  Churchwardens  may,  in  Bar  of  the  Action,  plead  the  Order  of 
the  Veftry,  and  fhall  fet  forth  the  particular  Facts  for  which  the  Veftrv  withdrew 
"e^MLfteJ,  he  ^"^^  Stipend  of  fuch  Minitler:  And  in  Cafe  the  Jury  fhall  find  for  the  Minfler, 
fliaii iiave his'si  then  he  ihall  recover  his  Stipend,  with  Cofts  of  Suit,  and  enjoy  his  Benefice-,  but 
inJthe?'Mfn"fter  in  Cafe  the  Jury  find  for  the  Churchwardens,  then,  and  in  fuch  Cafe,  the  Veftry 
may  be  apyoint-  ©f  the  Parifh  are  hereby  inipowered  to  eledt  another  Minifter  in  his  Room  and 
'^-  Stead. 

Minifter  to  keep      XVIlt.  A  N  D  he  H  further  Enacted,  by  the  Authority  aforefaid^  That  every  Mi- 
plir?''a''nV"fuffc<'  niftcr  witWn  this  Government,  fhall,  during  his  Incumbency,  keep  and  maintain 
no'Wafte,  or  be  j-j^g  Manfion-houfc,  and  all  other  the  Out-houfes  and  Conveniencies  that  fhall  be 
tbn^of 'thc^'"  eredted  on  his  Glebe,  in  tenantable  Repair,  and  fhall  fo  leave  the  fame  at  his  Death, 
Churchwardens,  qj.  Removal  out  from  the  faid  Parifh,  (the  Accicknts  of  Fire  and  Tempefl  only 
excepted,)  and  fhall  not  fuffer  any  Wafle,  by  cuwing  down  of  Timber,  or  other- 
wife,  to  be  committed  on  his  faid  Glebe,  except  for  necefTary  Repairs,  Fences,  or 
other  Improvements,  and  Fire- wood,  to  be  ufed  thereon:  And  in  Cafe  any  Mi- 
nifter flaall  fail  to  keep  his  faid  Glebe,  and  the  Buildings  thereon,  m  tenantable 
Repair,  or  fhall  fuffer  any  Wafte  to  be  committed  thereon  as  aforefaid,  fuch  Mi- 
nifter, his  Executors,  and  Adminiftrators,  fhall  be  Ijable  to  the  Adtion  of  the 
Churchwardens  of  the  Parifh  for  the  Time  being,  whereby  the  Value  of  fuch  Re- 
pair or  Wafte  fhall  be  recovered,  in  Damages,  with  Cofts  of  Suit  -,  and  the  Damage 
fo  recovered  fhall  be  laid  out,  according  to  the  Directions  of  the  Veftry  and  Church- 
wardens, in  making  necefTary  Repairs  upon  the  Glebe. 

Forfeitures  how  XIX.  A  N D  be  it  fufther  EtiaSied.,  by  the  Authority  aforefaid.  That  the  feveral 
*°^^  Td"''"''  Sums  of  Money,  arifmg  and  becoming  due  by  Reafon  of  the  Forfeitures  by  this 
app  le  .  ^^  inflided,  and  for  which  no  Method  of  Recovery  or  Application  is  diredled. 
before  in  this  A<5t,  fhall  be  levied,  within  one  Week  next  after  they  fhall  become 
due,  by  Warrant  of  Diftrefs,  and  Sale  of  the  Offenders  Goods,  from  one  or  more 
of  his  Majefty's  Juftices  of  the  Peace  within  the  County  where  the  Default  fhall 
be  made,  (Regard  being  had  to  the  Jurifdi<^ion  of  the  faid  Juftice  or  Juftices,  re- 
turning the  Overplus,  if  any,  to  the  Owner,)  and  paid  to  the  Churchwardens,  for 
the  Ufe  of  the  Parifh,  and  by  them  to  be  accounted  for  and  paid  as  herein  before 
is  directed. 

Veftry  appointed  XX.  AND  whcrcas  a  Veftry  and  Churchwardens  will  be  wanting,  for  the  Pa- 
vliS'  ^^'''^'  ^^^  °^  ^^-  P^^^¥^i  in  New-Hanover  County,  before  the  Time  limited  by_  this 
Ad,  for  the  Election  of  Veftrymen  for  the  feveral  Parifhcs  within  this  Province; 
Be  it  Enacted,  hy  the  Authority  aforefaid.  That  Nathaniel  Rice,  Ekazer  Allen, 
Matthew  Rowan,  Roger  Moore,  William  Forbes,  James  Hafel,  Richard  Eagles, 
John  Davis,  Archibald  Hamilton,  George  Ronald,  Cornelius  Harnet,  and  Ceorge 
Moore,  be,  and  are  hereby  appointed  Veftrymen  for  the  faid  Parifh  of  Si.  Phi- 
lips, until  the  next  Election  of  Veftrymen,  as  by  this  Act  directed :  Which  faid 
Veftry  fhall  have  full  Power  to  choofe  Churchwardens,  and  to  do  and  perform 
every, other  Matter  and  Thing,  which  other  Veftrymen  may  do  by  Virtue  of  this 
Act,  and  fhall  be  liable  to  the  fame  Penalties  and  Forfeitures  as  in  this  Act  is  be- 
fore mentioned  j  any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithftandingo 

RfpetiiBsciauff.  XXI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and 
every  other  Act  and  Acts,  and  every  Claufe  and  Article  thereof,  (except  as  be- 
fore excepted,)  heretofore  made,  fo  far  as  relate  to  the  eftablifhing  the  Church, 
appointing  ParifheSj  and  felect  Veftiies,  and  for  directing  the  Settlement  of  Parifh 

Accounts, 


LAWS    of    North-Carolina.  i6i 

Accounts,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,    ^-  d.  1741, 
56  if  fhp  fijmp  had  never  been  made.*  "V"-_ 


CHAP.    XXlV. 

An  A6iy  concerning  Servants  and  Slaves. 

LXy  E  it  EnaEled,  by  his  Excellency  Gabriel  Johnfton,  Efq-,  Governor,  by  and  ^;'^^^^/f'^^'^l 
YS  vjttb  the  Advice  and  Confent  of  his  Majefifs  Council,  and  GeneraUffembly  servant,    uniefs 
of  this  Province,  and  it  is  hereby  Enacted,    by  the  Authority  of  the  fame.    That  J'^l^';';";-;'  °' 
no  Perfon  whatlbever,  being  a  Chriftian,  or  of  Chriftian  Parentage,  who,  from 
and  after  the  Ratification  of  this  Aft,  Ihall  be  imported  or  brought  into  this  Pro- 
vince, fhall  be  deemed  a  Servant  for  any  Term  of  Years,  unlefs  the  Perfon  im- 
porting him  or  her  Ihall  produce  an  Indenture,  or  fome  Specialty  or  Agreement, 
fignifying,  that  the  Perfon  fo  imported  did  contradt  to  ferve  fuch  Importer,  or 
his  AiligTiS,  any  Number  of  Years,  in  Confideration  of  his  or  her  Paffage,  or  fome 
other  Confideration  therein  expreifed ;  and   upon  any  Conteft  arifmg  between  the  Difference   be. 
Mafter  of  any  Veflel,  or  other  Perfon  importing  any  Servant  or  Servants,  without  ^^^^i.'^/^^Tcrf 
Indenture,  upon  any  Bargain  or  Specialty  as  aforefaid,  the  fame  fhall  be  deter-  fons'imported,  to 
mined  at  the  next  County  Court  to  be  held  for  the  CoUnty  where  the  faid  Servant  J^/c"c"u?u^ 
or  Servants  fhall  be  imported,  the  Juftices  of  which  Court  are  hereby  impowered 
to  hear  and  determine  the  fame,  in  a  fummary  Way  -,  and  fuch  Determination  or 
Judgment  fliall  be  conrlufive  and  binding  on  the  Importer  or  Servant  or  Servants; 
either  for  the  Dilcharge  of  the  faid  Servant  or  Servants,  or  to  oblige  him,  her,-  or 
them,  to  ferve  the  Importer,  or  his  Afligns,  as  the  Matter  fliall  appear. 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Chriftian  serrants  atfen*. 
Servant,  whether  he  or  fhe  be  a  Servant  by  Importation,  or  otherwife,  fhall,  at  any  '"^s  f.rvrSbie 
Time  or  Times,  abfent  him  or  herfelf  from  the  Service  of  his  or  her  Mafter  or  Mif-  Time,    bcfides 
trefs,  without  Licence  firfl  had,  he  or  Ihe  fhall  fadsfy  and  make  good  fuch  Lofs  of  "^£^1  tl.?tt 
Time,  by  ferving,  after  their  Time  of  Service  by  Indenture  or  othcrewife  is  expired,  charges, 
double  the  Time  ofService  loft  or  negledted  by  fuch  Abfence;  and  alfo  fuch  longer 

Time  as  the  County  Court  Ihall  think  fit  to  adjudge,  in  Confideration  of  any  fur- 
ther Charge  or  Damage  the  Mafter  or  Miftrefs  of  fuch  Servant  may  have  fuft-ained, 
by  Reafon  of  his  or  her  Abfence  as  aforefaid. 

III.  ANB  be  it  fnrther  Enacted,  by  the  Authority  aforefaid.  That  if  any  Chrif-  Dif-bedient  Ser. 
tian  Servant  fliall  lay  violent  Hands  on  his  or  her  Mafter  or  Miftrefs,  or  Overfeer,  n'fl^d.'"  ^  ^"' 
or  fliall  obftinately  refufe  to  obey  the  lawful  Commands  of  any  of  them,  upon  Proof 

thereof  by  one  or  more  Evidences  before  any  Juftice  of  the  Peace,  he  or  flic  fliall, 
for  every  fuch  Offence,  fuffer  fuch  Corporal  Punifhment  as  the  faid  Juftice  fliall 
think  fit  to  adjudge,  not  exceeding  Twenty  One  Lafhes. 

IV.  A  N  D  as  an  Encouragment  for  Chriftian  Servants  to  perform  their  Service  Mafter  to  provide 
with  Fidelity  and  Chearfulnefs ;  Be  it  further  Enabled,  by  the  Authorty  aforefaid,  servLu!"    "" 
That  all  Mafters  and  Owners  of  any  Servant  or  Servants,  fhall  find  and  provide 

for  their  Servant  or  Servants,  wholefome  and  competent  Dyet,  Cloathing,  and 
Lodging,  at  the  Difcretion  of  the  County  Court,  and  fliall  not,  at  any  Time, 
give  immoderate  Corredion,  neither  fliall,  at  any  Time^  whip  a  Chriftian  Servan!: 
naked,  without  an  Order  from  a  Juftice  of  the  Peace :  And  if  any  Perfon  fliall  Not  to  whip 
prefumeto  whip  a  Chriftian  Servant  naked,  without  fuch  Order,  the  Perfon  fo  Pem'of'Vos!  t» 
offending,  fliall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  fu^h  Servant. 
to  the  Paity  injured;  to  be  recovered,  with  Cofts,  upon  Petidon  to  the  County 
Court,  (witliout  the  formal  Procefa  of-  an  Aftion,)  as  in  and  by  this  Ad  is  pro* 

S  f  vided 


i52  i  ^   /^  5    o/"    North -Caroli  N  A. 


yf.  D.  I74I.    vided  for  Servants  Complaints  to  be  heard  and  determintd  ;  provided  Complaint 
4^..^ /  ^g  ^^^g  within  Six  Months  after  fuch  whipping. 

Serrint.  com.  V.  JND  he  it  furthcT  Etiactcd,  hy  the  Authcrity  aforefaidi  Th2t  all  Servants 
S"'bfnd^h?"  by  Indenture  or  otherewife  as  a^rforei^iid,  ihall  have  their  Complaints  received  by 
&r'  to  next  a  Jufticc  of  thc  Peacc,  who,  if  he  find  Caufe,  fhall  bind  the  Mailer,  Miftrefs,  or 
«^°'="-  Overfeer,  over,  to  anfwer  the  Complaint  at  the  next  County  Court  •,  and  it  Ihall 

campUinti  to  be  be  there  determined :  And  all  Complaints  of  any  Servant  or  Servants  (hall  and 
KiFrotftof  may,  either  immediately,  or  as  aforelaid  by  Virtue  hereof,  be  received  at  any 
Aai«w.  Time,  upon  Petition  or  Information  in  the  Court  of  the  County  wherem  they  re- 

fide,  w/thout  the  formal  Procefs  of  an  A6lion ;  and  alfo,  full  Power  and  Autho- 
rity'is  hncby  given  to  the  faid  Court,  at  their  Difcretion,  (having  firft  fummoned 
the  Matter,  Miftrefs,  or  Overfeer,  to  juftify  themfelves,  if  they  think  fit,)  to  ad- 
judge, order,  and  appoint  what  fhall  be  neceffary  as  to  Diet,  Lodging,  Cloathing, 
M»fter  «flt  com    q^  Corrctlion :  And  if  any  Mafter,  Miflrefs,  or  Overfeer,  (hall  not  thereupon  com- 
oSer  ot  coun'  ply  with  thc  Order  of  the  faid  Court,  the  faid  Court  is  hereby  authorized  and  im- 
Semnt  to  be  '  powered,  upon  a  fccond  juft  Complaint,  to  order  fuch  Servant  or  Servants  to  be 
'"^''*  immediately  fold,  at  Public  Vandue,  by  the  Sheriff;  and  after  the  Charges  are  de- 

duced, the  Remainder  of  what  the  faid  Servant  or  Servants  Ihall  be  fold  for,  to 
be  paid  to  the  Ov/ner. 

tn  s'ekntfiiie      VI.  P  ROF  ID  ED  always.  That  if  fuch  Servant  or  Servants  fhall  be  fick  or 
fiin^'notTe  fold  jamc,  or  othercwife  rc:ndered  fo  m  capable  that  he,  fhe,  or  they,  cannot  be  fold 
S.V  chfrVes/to  for  fuch  Value  at  leaft  as  fhall  fatisfy  the  Fees,  and  other  incident  Charges  accrued, 
u  fcnt   to  'the  jj^g  f^j^  Court  fhall  then  order  fuch  Servant  or  Servants  into  the  Care  of  the  Church- 
f»'r^;"foV  wardens  of  the  Parifh  ;  and  the  Mafter,  Miftrefs,  or  Owner,  fhall  provide  the  faid 
>y  ths  Mafter.     Servant  or  Servants  with  fuch  convenient  Necelfaries  as  they  fhall  dired  and  judge  ' 
fufficient  for  his,  her,  or  their  Support,  until  the  Time  due  by  Law  from  fuch 
Servant  or  Servants  to  their  Mafter,  Miftrefs,  or  Owner,  fhall  be  expired,  or  un- 
til fuch  Servant  or  Servants  Ihall  be  fo  recovered  as  to  be  fold,  for  defraying  thc 
faid  Fees  and  Charges. 

chirgeiteoeie.       VII.  A  N  D  be  it  further  Ena^cd,  That  the  faid  Court,  from  Time  to  Time, 
^eiontheMaf.  ^^u  ^rder  the  Charges  of  keeping  fuch  Servant  or  Servants,  to  be  levied  upoa 

the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants,  in 

Cafe  they  fhould  negled  or  refufe  to  provide  for  the  fame. 

Simnti    Com.       VIII.  A  N D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Sc> 

JSom'^Da-T  vants  aforefaid,  whether  by  Indenture  or  otherwife,  as  well  Feme-Coverts  as  others^ 

to  be  heard.     '  fl^alj,  in  the  like  Manner,  (as  is  provided  upon  Complaints  of  Mifufage,)  have 

their  Petitions  received -in  the  faid  County  Court,  for  their  Wages,  Freedom,  and 

Freedom  Dues,  (in  this  Ad  hereafter  cxpreffed,)  without  the  formal  Procefs  of 

an  Adion  i  and  Proceedings  and  Judgment  fhall,  in  like  Manner,  be  had  thereupon. 

Mafter  <^ifei,„g.  IX.  A'ND  he  it  further  Ena£ied,  hy  the  Authority  aforefaid.  That  vioM&(^tT 
l"  f  *^'h  ^'7'"'  05^  Miftrefs  of  any  Servant  or  Servants,  who  fhall  happen  to  be  fick  or  difeafed 
aad"' no'  'endea-'  duHng  the  Time  of  their  Servitude,  and  unable  to  perform  their  daily  Labour, 
lo^t^to'LlTt  fhall,  upon  any  Pretext  whatfoevcr,  remit  to  fuch  Servant  or  Servants,  any  Part 
5 1.  of  his,  her,  or  their  Time,  to  be  cleared  of  them,  whereby  the  faid  Servant  or  Ser- 

vants may  perlfti,  or  become  a  Charge  to  the  Parifti:  And  whofoever  fhall  here- 
after offend  herein,  or  fliall  not  ufe  and  endeavour  all  lawful  Means  for  Recovery 
of  fuch  their  Servant  or  Servants  as  fhall  happen  to  be  fick  or  difeafed,  during  the 
Time  of  his,  her,  or  their  Servitude,  fhall  forfeit,  for  each  and  every  Servant  fo 
turned  off  or  neglefted.  Five  Founds,  Proclamation  Money  -,  to  be  levied  by  an 
Order  from  the  County  Court  before  whom  the  Fad  fliall  be  proved,  by  the  Oath 
ef  one  or  more  Witnefs  or  Witheffcs,  and  to  be  paid  into  the  Hands  of  the  Church- 
wardens 


LAWS    o/'North-Carolina.  163 


wardens  of  that  Farifli  where  the  Offence  fhall  be  committed,  and  difpofcd  of  to-    ^^  ^'-  >74i. 

wards  the  Support  and  Maintenance  of  fuch  Servant  or  Servants  fo  turned  off  or  * '^ ^ 

neglected,  for  the  Recovery  of  his,  her,  or  their  Health  and  Strength  •,  and  fuch 
Servant  or  Servants  fhall  be,  by  the  County  Court,  or  any  Two  Juftices,  during 
the  Time  of  their  Infirmity,  ordered  into  the  Hands  and  Care  of  the  Churchwardens 
of  the  Parifh  in  which  his,  her,  or  their  Mafter  or  Owner  fhall  dwell :  But  in  Cafe 
fuch  fick  or  difeafed  Servant  or  Servants  refpedively  Ihail  not  live  to  the  expending 
the  faid  whole  Sum  of  Five  Pounds,  Proclamation  Money,  then  the  Remainder 
to  be  difpofed  of  to  the  life  of  that  Parifh ;  or  in  Cafe  the  faid  Sum  of  Five  Pounds  ^^  s  '•  ""H  not 
Ihould  not  be  fufficient  to  fupport  each  Servant  during  his  Servitude,  or  until  his  Ibp/cn  Ss.r! 
Recovery,  in  fuch  Cafe  the  County  Court  is  hereby  authorized  and  impowered  to  ^'^^''  ^""^'  "^r 
^  order  a  Sufficiency  to  be  levied  (from  Time  to  Time,  as  the  fame  fhall  become  due,)  "  "  """* 
upon  the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants, 
if  they  fhall  negledl  or  refufe  to  provide  the  fame,  agreable  to  the  Orders  of  the 
faid  Court ;  and  fuch  Servant  or  Servants  fo  negleded  or  turned  off,  fliall,  upon  Servant  fo  tumM 
their  Recovery,  be  fet  free  from  their  Mafter  or  Owner.  ^^'  ^^"  ^^  fi^^e 

on  his  Recovery, 

X.  PROVIDED  always,  and  he  h  further  Enabled,  That  if  any  Servant  or  Servants  bringiut 
Servants  in  this  Government,  fhall,  thro'  his,  her,  or  their  own  wilful  Mifbeha-  ^^Cfl'  *"'  °" 
viour,  happen  to  have  any  Difeafe,  or  any  broken  Bones,  Bruifes,  or  other  Im-  i^^^t\»i\i 
pediments,  whereby  they  may  be  difabled  to  perform  their  Labour  as  they  ought 

to  do,  and  become  chargeable  to  their  Mafter  or  Owner,  fuch  Servant  or  Servants 
(hall  ferve  his,  her,  or  their  Mafter  or  Owner,  after  the  Time  of  his,  her,  or 
their  Service  by  Indenture  or  otherwife  is  expired,  fuch  Time  as  fhall,  by  the 
County  Court,  be  adjudged  fufficient,  to  fatisfy  the  Charges  expended  on  him, 
her,  or  them,  for  his,  her,  or  their  Recovery  ;  and  fhall  alfo  ferve  over  fo  much 
Time  as  he,  flie,  or  they,  by  any  fuch  Means,  were  difabled  to  ferve :  Any 
Thing  herein  contained  to  the  contrary,  notwithftanding. 

XI.  AND  he  it  further  EnaEled,  hy  the  Authority  afore  faid.  That  if  any  Servants  mating 
Servant  or  Servants  fhall  unjuftly  vex  and  trouble  his,  her,  or  their  Mafter  or  [f  ravr^'Joubk 
Owner,  with  groundlefs  Complaints  againft  them  to  the  County  Court,  or  to  any 
Juitice  or  Juftices  of  the  Peace,  fuch  Servant  or  Servants  fhall,  by  the  County 
Court,  be  ordered  to  ferve  his,  her,  or  their  Mafter  or  Owner,  fo  injured  by  fuch 
unjuft  and  groundlefs  Vexation,  after  the  Expiration  of  the  Time  he,  fhe,  or  they 
have  then  to  ferve,  the  double  Term  and  Space  of  that  Time  he,  fhe,  or  they 
neglected  and  loft,  in  Profecution  of  fuch  Complaints. 

XII.  A  N  D  he  it  further  Enacted,  hy  the  Authority  afore  faid.  That  every  Ser-  Servants  put  into 
▼ant  who  fhall  be  in  Goal,  for  his,  her,  or  their  own  Offence,  fhall  ferve  his,  her,  off'Les'to  rl'ie 
or  their  Mafter  or  Owner,  double  the  Time  he,  fhe,  or  they  fhall  there  remain,  af-  ^""""'^  '^"°*' 
ter  the  Expiration  of  the  Time  he,  fhe,  or  they  have  to  ferve  by  Indenture  or 
otherwife ;  and  further,  ferve  his,  her,  or  their  faid  Mafter  or  Owner,  fuch  Time 

as  fhall  be  ordered  by  the  County  Court,  as  a  Satisfadion  for  the  Fees  and  other 
Charges  his,  her,  or  their  Mafter  or  Owner  hath  expended  for  fuch  Servant  or 
Servants. 

XIII.  AND  he  it  further  Enabled,  hy  the  Authority  afore  faid.  That  in  all  Cafes  ^'^"*  '"'«''"- 
of  Penal  Laws,  whereby  Perfons  free  are  punifhable  by  Fine,  Servants  flaall  be  birbrF.n^'s^rl 
punifhed  by  whipping,  at  the  Difcretion  of  anyCourt,  or  Juftice  or  Juftices  be-  '=>"'= '"'"•^hip. 
fore  whom  fuch  Fine  or  Fines  are  recoverable,  not  exceeding  Thirty  Nine  Lafhes  5  pay'th^F'ne!'''' 
unlefs  the  Servant  fo  culpable,  can  and  will  procure  fome  Perfon  or  Perfons  to  oav 

txhe  Fine.  ^  ^ 

XIV.  AND  he  it  further  Enacted,  hy  the  Autority  afore  faid.  That  no  free  WofreePerfonto 
Man  or  Trader  whatfoever,  Ihall  buy,  fell,  trade,  barter,  or  borrow  any  Com-  ' 

modities 


thi  Time  loft. 


.164  LAWS    of    North-Carolina. 

»  ^.  D.  1741.    niodities  whatfoever,  with,  to,  or  from  any  Apprentice  or  Servant,  whether  fo 
^."'ve    ^y  Indenture  or  otherwile,  or  With  any  Slave  within  this  Government,  without  the 
onVn.°of  treble  Confcnt  of  the  Mafter,  Miftrefs,  or  Owner  of  fuch  Apprentice,  Servant,  or  Slave, 
for  ^nlTe  r**^''  "P°^  ^^^^  °^  forfeiting  treble  the  Value  of  the  Commodity  or  Commodities  fo 
traded  for,  bartered  or  foldj  and  alfo,  fliall  pay  the,Su?n  of  Six  Pounds,  Procla- 
mation Money,  to  the  Ufe  of  the  faid  Mafter,  Miftrefs,  or  Owner ;  to  be  recovered, 
in  the  Court  of  the  County   where  the  Offence  fhall  be  committed,  by  Action  of 
Debt,  Bill,  Plaint,  or  Information,  wherein  no  EfToign,  Protedtion,  Injunftion, 
Offender  not  aMe  or  Wager  of  Lav/,  fhall  be  allowed  or  admitted  of:  And  if  it  fhall  fo  happen, 
fo/rsetvam."    that  the  Perfon  fo  offending  fliall  not  be  able  to  pay  treble  the  Value  of  the  Com- 
,  modities  fo  traded  for,  fold  or  bartered,  and  the  Sum  of  Six  Pounds,  fuch  Perfons 
'■     Ihall  then  be  adjudged,  by  the  County  Court,  to  be  fold  as  a  Servant  for  the  fame. 

Jiaftei-  not  fuing  XV.  PROVIDED  always.  That  if  the  Mafter,  Miftrefs,  or  Owner  of  fuch 
ay ^oSer'perfon  Apprentice,  Servant,  or  Slave,  -fhall  not,  within  Six  Months  after  be  or  fhe  fliall 
»=>y-  have  Information  or  Knowledge  of  fuch  Offence,  profecute  the  Offender  or  Of- 

fenders for  the  fame,  that  then  it  fhall  and  may  be  lawful  fot  any  other  Perfon  fo 
to  do,  and  to  have  and  receive  every  Advantage  and  Benefit  arifing  from  fuch 
Profecution. 

strvsnts  imbez.  XVI.  A  N  D  he  it  fuTther  Eua^iedy  hy  the  Authority  aforefaid.  That  every  Sef- 
"rs"Goods'^fo  vant,  by  Indenture  or  otherewife,  who  fhall  imbezzel,  purloin,  wilfully  wafte,  or 
ittvt  for  it.  fhall  trade,  fell,  or  barter,  or  otherewife  make  away  any  of  his  or  her  Mafter  or 
Miftrefs's  Corn,  Cattle,  Sheep,  Hogs,  Stock,  or  other  Goods  or  Provifions,  or 
Commodities  whatfoever,  fhall,  upon  Convidion  of  every  fuch  Offence,  by  one 
or  more  Teftimonies,  upon  Oath,  or  Confeffion  of  the  Party,  before  any  County 
Court  within  this. Government,  be  adjudged,  by  the  faid  Court,  to  ferve  his  or 
her  faid  Mafter  or  Miftrefs  fuch  Time  as  the  faid  Court  fhall  think  reafonable,  for 
the  faid  Offence,  after  the  faid  Time  by  Indenture  or  otherwife,  as  aforefaid,  is 
expired. 

•w.,ma8  Servant  XVII.  AND  wlicrcas  many  Women  Servants  are  begotten  with  Child  by  free 
hersfrviti.de,  to  Men,  Or  Scrvants,  to  the  great  Prejudice  of  their  Mafter  or  Miftrefs,  whom  they 
ferve  1  Yc^r  for  fervc ',  Beit  therefore  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Wo- 
man Servant  fhall  hereafter  be  with  Child,  and  bring  forth  the  fame  during  the 
Time  of  her  Servitude,  fhe  fhall,  for  fuch  Offence,  be  adjudged,  by  the  County 
Court,  to  ferve  her  Mafter  or  Miftrefs  One  Year,  after  her  Term  of  Service  by 
Indenture  or  otherwife  is  expired. 

If  (he  has  n  Child      XVIIi.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any 

Churchwardens'  Woman  Servant  fhall  hereafter  be  delivered  of  a  Child,  begotten  by  her  Mafter, 

may  fell  her  for  fuch  Servant  fhall,  immediately   after  Delivery,  be  fold,  by  the  Churchwardens 

*"■  of  the  Pariih  where  the  Offence  fhall  be  committed,  for  One  Year,  after  the  Time 

of  Service  by  Indenture  or  otherwife  is  expired  ;  and  the  Money  arifmg  by  fuch 

If  by  «  Negrs,  Sale,  fhall  be  to  the  Ufe  of  the  Parifli :  And  if  any  white  Servant  Woman  fhalJ, 

*M  for\"YLr^s!  during  the  Time  of  her  Servitude,  be  delivered  of  a  Child,  begotten  by  any  Negro, 

and    the  Child  Mulatto,  Or  Indian,  fuch  Servant,  over  and  above  the  Time  fhe  is  by  this  Adt  to 

Yeals  eTAge.^^  ^^rve  her  Mafter  or  Owner  for  fuch  Offence,  ftiall  be  fold,  by  the  Churchwardens 

of  the  Parifli,  for  Two  Years,  after  the  Time  by  Indenture  or  otherwife  is  expired  -, 

and  the  Money  arifing  thereby  applied  to  the  Ufe  .of  the  faid  Parifh  •,  and  fuch 

Mulatto  Child  or  Chifdren  of  fuch  Servant,  to  be  bound,  by  the  County  Court, 

until  he  ox  fhe  arrive,  at  the  Age  of  Thirty  One  Years. 

XIX.  AND  whereas  many  Abufes  have  and  may  be  committed,  by  Perfons 
who,  under  Pretence  of  underftanding  feveral  Trades  and  Mifteries,  have  pro- 
cured, and  may  hereafter  procure,  large  Sums  of  Money  to  be  advanced  to  them, 

and 


LAWS    of    North -Carolina.  r65 

and  have  entered,  and  may  hereafter  enter,  into  Covenants  with  Merchants  and    ^-  ^-  '741- 
others  in  Great-Britain^  or  elfewhere,  for  the  Payment  of  large  Wages,  Yearly,  v-^ 

though  they  were,  or  may  be,  totally  ignorant  of,  and  unable  to  periorm,  fuch 
Trade  and  Miilery :  For  Remedy  whereof, 

* 
XX.  B  E  it  Enacted.,  by  the  Authority  aforefaidy  That  all  and  every  Perfon  or  Tr^cfmen  im- 
Perfons  already  imported,  or  who  fhall  be  herealtcT  imported,  into  this  Govern-  Tund  nT:  t<.  .n^ 
ment,  as  a  Tradefman  or  Workman,  on  Wages,  and  fhall  be  lound  not  to  un-  ^''^^''^  •J"" 
derftand  fuch  Trade  or  Employment,  the  Matter  or  Owner  of  fuch  Servant  may  miycutoffiheit 
bring  him  or  her  to  any  County  Court  of  this  Government ;  which  Court,  upon  ^^•'^"■ 
Complaint  made  to  them  of  fuch  Deceit,  are  hereby   impowered  and  directed  to 
enquire  into  the  fame,  and  upon  finding  any  fuch  Fraud,  may  judge  and  diredt 
fuch  Satisfadion  to  be  made  to  the  Matter  or  Owner  of  iuch  Servant,  either  by 
Defalcation  of  the  Wages,  or  Part  thereof,  as  to  them  fiiall  feem  jult. 

'     XXI.  AND  be  it  further  Etmctedy  by  the  Authority  aforefaidy  That  if  any  Per^  if  they  rtfureto 
fon,  who  is  or  Ihall  hereafter  be  imported  or  brought  into  this  Government,  as  a  ^h'/nt",^"J^I°' 
Tradefman  or  other  Workman,  on  Wages,  fhall  rcfufe  or  negledt  to  perform  his  iti'<^s,  to  r.rve 
Duty,  or  ihall  abfent  himfelf  from  his  Maiter  or  Owner*s  Service  without  Leave,  ^'ft'^'^Juholir' 
in  every  fuch  Cafe,  it  Ihall  and  may  be  lawful  for  the  Julticcs  of  the  County  Court  Wjgcs. 
wherein  fuch  Matter  or  Owner  refides,  upon  Complaint,  and  Proof  to  them  made, 
to  order  fuch  Satisfaftion  and  Reparation  to  the  Matter  or  Owner  of  fuch  Servant, 
for  the  Damages  fuftained  by  him  for  fuch  Refufal  or  Negkd,  as  to  them  fhall 
feem  juft ;  and  for  every  Day  fuch  Servant  fhall  abfent  himfelf  from  his  Matter  or 
Owner's  Service  as  afore  faid,  to  order  and  direft  fuch  Servant  to  fi.rve  his  or  her 
faid  Matter  or  Cwnrr,  Two  Days  for  every  Day's  Abfence,  alter  his  1  ime  by  In- 
denture or  otherwife  is  expired,  and  that  without  any  Wages  to  be  paid  for  fuch 
Service. 

XXIL  A  NT)  be  it  further  EnaSfed^  by  the  Authority  aforefaidy  That  there  fhall  '"wttFreedoa 
be  allowed  to  every  Servant,  whether  by  Indenture  or  ctherwifc,  not  having  Yearly 
Wages,  at  the  Expiration  or  his  or  her  Service,  Three  rcun.ls,  Froclamation  Mo- 
ney, befides  one  fufticient  Suit  of  wearing  Cloaths  for  fuch  Servant  or  Servants. 

XXIII.  AND  be  it  further  Ena£led^  by  the  Authority  aforefaid.  That  if  any  P"fens  import. 
Perfon  or  Perfons  ahcady  have,  or  fhall  hereafter,  import  into  this  Government,  Tli've  lny"frte 
and  here  fell,  or  retain  for  his  own  Ufe,  as  a  Slave,  any  Perfon  or  Perfons  that  ''-'''".  «"  p*y 
ihuU  have  been  free  in  any  Chrittian  Country,  Ifland,  or  Plantation,  or  Turk  or  [ur'd  d!mbie  ihe 
Moor,  in  Amity  with  his  Majetty,  fuch  Importer  or  Seller  as  atorefaid  fhall  for-  Sum  he  wa»  fold 
feit  and  pay,  to  the  Party  from  whom  the  faid  free  Perfon  fhall  recover  his  or  her 
Freedom,  double  the  Sum  for  which  fuch  free  Perfon  was  fold  j  to  be  recovered 

in  any  Court  of  Record  within  this  Government,  according  to  the  Courfe  of  Com- 
mon Law,  wherein  the  Defendant  fhall  not  be  admitted  to  plead,  in  Bar,  any  A(5t 
or  Statute  for  Limitation  of  A<5tions:  And  moreover,  fuch  Importer  or  Seller  of  And  (\m  give 
any  fuch  free  Perfon  as  aforefaid,  fhall  be  committed  until  he  enter  into  Bond,"  be-  A"h"j'crro""o 
fore  the  faid  Court,  with  Two  good  and  fufficient  Sureties,  in  the  Sum  of  Five  '*'*  '''^"  ^"^om 
Hundred  Pounds,  Sterling  Money  of  Great-Britain,  payable  to  Our  Sovereign  Lught  km. 
Lord  the  King,  his  Heirs  and  SuccefTors,  with  Condition,  That  he  ihall  and  do, 
within  One  Year  then  next  enfuing,  tranfport  and  Land  (Danger  of  the  Seas  and 
Life  only  excepted,)  fuch  free  Perlbn  fold   by  him  as  a  Slave  as  aforefaid,  (if  he 
or  fhe  fhall  fo  require,)  in  the  Country,  Ifland,  or  Plantation  from  whence  he  or 
fhe  was  indiredtly  brought  as  aforefaid ;  and  fhall  produce  an  authentick  Certifi- 
cate of  his  Performance  thereof  to  the  faid  Court. 

XXIV.  ANDbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  and  On e»mpi,i„t of 
every  Juttice  of  the  Peace  for  the  feveral  Counties  within  this  Government,  are  '">  ^"^'^  P"^"" 

T  t  hereby 


j^6  L  A   PV  S    o/"    North -Carolina. 


^AJ^.  1741.  hereby  impowered  and  directed,  upon  the  Complaint  of  any  Perfon  who  now  is, 
*»— — ^■— — '  Qj.  herafter  fhali  be,  imported  into  this  Government,  and  who  was  free  in  any  Chrif- 
examin=th-M.ti' tian  Country,  Jfland,  or  Plantation,  before  his  or  her  Tranfportation  hither,  who 
ter.  and bnd th^  jg  j^^^pj.  qj.  j^qj^  ^g  ^  Slavc,  to  caufc tlic  pretended  Owner  of  fuch  Perfon  complain- 
tbe  w't'n'eireT,  to  ing,  to  appear  before  hun,  together  with  fuch  Evidence  or  Evidences  as  lliall  be 
wher"''"'the°faral  material  •,  and  after  Examination  taken,  in  Writing,  fiiall  bind  them  over  to  ap- 
Aii!  be  determi-  pear  at  the  next  County  Court  of  which  he  is  a  iMember,  where  the  faid  Complaint 
*r'  iliall  be  heard  and  determined  without  any  formal  Procefs  of  Law. 

Penalty  on  Per.  XXV.  AND  bc  it  furthef  EnalJe^,  by  the  Authority  aforefaid.  That  if  any 
ions  tempting  Pej-fon  or  Pcrfons  whatfoever,  fhall,  diredfjy  or  indiredtly,  at  any  Time  after  the 
fror"thdr  mI"  Ratification  of  this  Adl,  tempt  or  perfwade  any  Apprentice  or  other  Servant,  du- 
ters  Service.  ^■^^^.  ^|^g  ^  jj-j^^  of  j^js  qj-  j^^j-  ::jervice  due  by  Indenture  or  otherwife,  or  any  Negro 
or  other  SUv^s  to  leave  their  Mafler  or  Miilrefs's  Service  to  whom  he  or  they  i& 
Apprentice,  Servant,  or  Slave,  or  fhall,  knowingly,  give  Encouragement  to  relcive, 
affiit,  harbour,  or  entertain  any  Rich,  or  fhall,  knowingly,  encourage,  relcive,' 
aiXift,  harbour,  or  entertain,  for  any  Space  of  Time  whatfoever,  any  Apprentice, 
Servant,  or  Slavv,  who  fliall  wilfully  abfent  him  or  herfelf  from  the  Service  of  his 
or  her  Mafter  or  Miftrefs,  fuch  Perfon  or  Perfons  fo  offending,  fhall  forfeit  and 
pay,  lor  each  and  every  fuch  Apprentice  or  other  Servant,  and  for  each  and  every 
Ne<>-ro  or  other  Slave,  the  Sum  of  Forty  Shillings,  Proclamation  Money,  and  for 
each  Twelve  Hours  fuck  Apprentice  or  other  Servant,  Negro,  or  Slave,  be  af- 
terwards abfent  from  his  Mafter  or  Miftrefs' s  Service,  the  Sum  of  Five  Shillings, 
Proclamation  Money  •,  to  be  recovered,  by  the  Mafter  or  Owner  of  fuch  Appren- 
tice, Servant,  or  Slave,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  the . 
General  or  County  Court,  wherein  no  EfToign,  Protedion,  or  Injundion,  fhall  be 
allowed  or  admitted  of:  And  if  it  fhould  fo  happen,  that  any  Perfon  or  Perfons 
<^onvided  Offenders  herein,  fhould  not  be  able,  or  rcfufe  to  pay  the  Fines  by  this 
Ad  intiided,  in  fuch  Cafe  the  Offender  fhall  be,  by  Order  of  the  General  or  County 
Court,  fold  as  a  Servant,  for  fuch  Time  as  the  faid  Court  lliall  think  fufRcient, 
to  pay  the  fame  •,  and  fhall  be,  during  fuch  Servitude,  liable  to  the  Penalties  and 
Forfeitures  infiicced  for  Breaches  of  this  Ad. 

drerfeer  i«av:ng  XXVL  AND  be  it  further  EnaSled^  by  the  Authority  aforcfaid.  That  if  any 
ii!  Empicym^nt,  ppffg^  ^^\\  j^jj-g  or  conttad  himfelf  to  lerve  as  an  Overfeer,  either  upon  Wages 
iLr-'r  Shire  of  Of  Share  of  the  iToduce,  with  any  Perfon  or  Planter  whatfoever  within  this  Go- 
the  criip.  vernm- nt,  and  fhail  abfent  himfelf  or  depart  from  the  Service  of  his  Mafter  or 

Miftrefr,  before  the  Time  mentioned  in  his  Agreement  or  Contrad  fhall  be  ex- 
pired, he  fliall,  for  fuch  Offence,  forfeit  his  Right  and  Title  to  his  Wages,  or 
Share  of  the  f'roduce. 

Penalty  on  Per-  YCAVW.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaidy  That  if  any 
fons  carryin,^  Pcrfon  or  Peffons  whatfoever,  fhall,  diredly  or  indiredly,  at  any  Time  after  the 
fe.vcrnmeijt.  Ratification  of  this  Ad,  tempt  or  perfuade  any  Negro  or  ^egroes,  or  other  Slave 
or  Slaves,  to  leave  his,  her,  or  their  Mailer  or  Miftrefs's  Service,  out  of  an  Intent 
and  Defign  to  carry  or  convey  av/ay  him,  her,  or  them,  out  of  this  Government, 
or  ftiall  nar!:iour  or  conceal  him,  her,  or  them,  for  that  Intent  and  Purpofe, 
and  be  thereof  convided,  by  his,  her,  or  their  own  Confefiion,  or  the  Oath  of 
one  credible  Witnefs,  fuch  Perfon  or  Perfons  fliall,  by  the  Two  next  Juftices  of 
the  Peace,  be  committed  to  Goal,  or  bound  over  to  the  next  Court  to  be  held 
for  the  County  v/herc  the  Offence  fliall  be  committed,  and  fliall  be  profecuted,  by 
Indidment,  for  the  faid  Oftlnce-,  and  being  tliereof  lawfully  convided,  fliall,  by 
the  faid  Court,  be  adjudged  to  pay,  to  the  Mafter  or  Miftrefs,  for  each  Negro  or 
other  Slave  fo*  inticed  or  perfuaded,  for  the  Pupofe  aforefaid,  the  Sum  of  Twenty 
Five  Pounds,  Proclamation  Money,  or  the  Value  thereof-,  to  be  levied  by  Order 
of  the  faid  Court :  But  in  Cafe  the  Party  oifeading  fhall  not  be  found  worth  Lands, 

Goods, 


LAWS    o/'    North-Carolina.  167 


Goods,  or  Chattels,  to  the  Value  aforefnid,  then  the  faid  Comt  Ihall  adjudge  him,    ^-  ^-  '74i- 
her,  or  them,  to  ferve  the  Owner  of  fuch  Slave  or  Slaves,  or  his  Affigns,  Five  ^^ — *" — "^ 
Years ;  and  fo  deliver  him,  her,  or  them,  over  to  the  Mafter,  Miftrefs,  or  Owner 
of  fuch  Slave  or  Slaves,  fo  tempted  or  pcrfuaded  as  aforefaid,  and  make  Record 
thereof:  But  if  any  Perfon  or  Perfons  fliall  fo  tempt  and  practice  with  any  Necrcy 
or  Negroes,  or  other  Slave  or  Slaves,  and  him,  her,  or  them,  fo  tempted,  fhall'ac- 
tually  convey  away,  or  fend  out  of  this  Government,  and  be  afterwards  apprehended 
and  convidled  thereof,  he,  fhe,  or  they,  Ihall,  by  the  faid  Court,  be  feverally  ad- 
judged a^d  condemned  as  guilty  of  Felony ;  and  fhall  fuffer  accordingly. 
*■■'"■■" 

-  XXVIII.  AND  for  Encouragement  of  all  Perfons  to  take  up  Runaways,  Be  '^^^""<'  ^°  ?=«• 
it  EnaSed,  by  the  Authority  af ore/aid.  That  for  the  taking  up  Servants  or  Slaves,  "[runa^ly's.^   "^ 
if  Ten  Miles,  or  under,  from  the  Houfe  or  Quarter  where  fuch  Servant  or  Slave 
was  kept,  there  Ihall  be  allowed,  by  the  Mafter,  if  known,  and  refiding  in  tlic 
County,  if  nor,  by  the  Public,  as  a  Reward  to  the  Taker-up,  Seven  Shillings  and 
Six  Pence,  Proclamation  Mo"sy»  ^^id  for  every  Mile  above  Ten,  Three  Pence,  ^ 
over  and  above  the   faid  Sum ;  which  faid  feveral  Rewards  fiiall  be  paid  by  the 
Churchwardens  of  the  Parifli  where  fuch  Taker-up  fhall  refide,  or  where  he  fliall 
bring  fuch  Runaway  belore  a  Juftice  of  the  Peace  ;  and  fhall  be  levied  again  by 
the  Churchwardens  of  the  faid  Parilh,  upon  the  faid  Mafler  or  Owner  of  fuch  Run- 
away, for  Reimburfment  of  the  fame  to  the  Parifn:  And  for  the  greater  Certainty  R-w^rd  hew  « 
in  paying  the  faid  Rewards,  and  reimburfing  the  Parifli,  every  Juiliceof  the  Peace  ^'^^'^' 
before  whom  fuch  Runaway  fhall  be  brought,  upon  the  taking  up,  fhall  grant  a 
Certificate  thereof,  in  which  he  fnall  mention  the  proper  Name  and  Surname  of 
the  Taker-up,  and  the  County  of  his  or  her  Refidence,  together  with  the  Time, 
and  Place  of  taking  up  the  faid  Runaway,  and  fhall  alfo  mention  th^  Name  of  thq 
faid  Runaway,  and  the  proper  Name  and  Surname  of  the  Mafter  or  Owner  of  fuch 
Runaway,  and  the  County  pf  his  or  her  Refidence,  together  with  the  Diftance  of 
Miles,  in  the  faid  Juftices  Judgment,  from  the  Place  of  taking  up  the  faid  Run- 
away, to  the  Houfe  or  Quarter  where  fuch  Runaway  was  kept ;  upon  producing 
which  Certificate  to  the  Churchwardens  of  the  Parilh  where  the  fame  was  granted, 
they  fhall  pay,  to  the  Taker-up  of  fuch  Runaway,  or  his  Afiigns,  the  Reward 
aforefaid ;  and  fliall  levy  the  fame  again  as  aforefaid :  But  if  it  Ihould  happen,  that 
the  Mafter  or  Owner  of  fuch  Runaway   fliould  not  refide,  or  have  Effc6ts  in  the 
County  where  the  faid  Certificate  fhallbe  granted  by  the  Juftice  as  aforefaid,  the 
faid  Churchwardens  fhall  tranfmit  the  faid  Certificate  to  the  Sheriff  of  the  County 
where  the  Owner  of  fuch  Runaway  refides,  or  hath  Efteds,  who  fliail,  upon  Re- 
ceipt thereof,  immediately  levy  the  fame  upon  the  Goods  and  Chattels  of  the  Mafter 
or  Owner  of  fuch  Runaway,  and  return  the  fame  to  the  Churchwardens  aforefaid, 
or  their  Order ;  any  Law,  Ufage,  or  Cuftom  to  the  contrary,  notwithftanding. 

XXIX.  AND  be  it  further  EnaFied,  by  the  Autor'ity  aforefaid,  That  if  any  Runaway  siave 
Negro  or  other  Perfon,  who  Ihall  be  taken  up  as  a  Runaway,  and  brought  before  M'^e'r'"'"!  *bc 
any  Juftice  of  the  Peace,  and  cannot  fpeak  Englifh,  or,  through  Obftinacy,  will  commiucd  to  the 
not  declare  the  Name  of  his  or  her  Owner,  fuch  Juftice  fhall,  in  fuch  Cafe,  and  S^tic^'gtn 'r^^ 
he  is  hereby  required,  by  a  Warrant  under  his  Hand,  to  commit  the  faid  Negro  ^  Months  by  the 
Slave  or  Runaway  to  the  Goal  of  the  County  wherein  he  or  Hie  Ihall  be  taken  uj? ;  ^*'""^- 
and  the  Shenft,  or  Under-sheriff",  of  the  County  into  whofe  Cuftody  the  faid  Run- 
away fhall  be  committed,  Tnall  forthwith  caufe  Notice,  in  Writing,  of  fuch.  Com- 
mitment, to  be  fet  upon  the  Court-houfe  Door  of  the  faid  County,  and  there  con* 
tinued,  during  the  Space  of  Two  Months;  in  which  Notice,  a  full  Defcription  of 
the  faid  Runaway,  and  his  Cloathing,  fhall  be  particularly  ftt  down ;  and  fliall 
caufe  a  Copy  of  fuch  Notice  to  be  fent  to  the  Clerk  or  Reader  of  each  Church  or 
Chappel  within  his  County,  who  are  hereby  required  to  make  Publication  thereof, 
h^  fetting  up  the  fame  in  fome  open  and  convenient  Place,  near  the  faid  Church 
or  Chappel,  on  every  Lord's  Day  during  the  Space  of  Two  Months,  from  the 

Date 


i68  LAWS    of    North-Carolina. 

Ill ■_  _■■  I      ...      -  . 

A  D    I74I     Date  thereof:  And  every  Sheriff  tailing  to  give  fuch  Notice  as  herein  is  diredied, 
shTr^'n"^  ^^^^  forfeit  and  pay  Five  Pounds,  Proclamation  Money ;  which  faid  Forfeiture 
pv/fuchM"nce,  fhall  and  may  be  recovered,  with  Cofts,  in  any  Court  of  Record  in  this  Govern- 
to  foirfut  si.       ment,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  Efibign,  Privi- 
ledge,  Pi-otedion,  Injunction,  or  Wager  of  Law,  Ihall  be  allowed:  The  One 
Moiety  whereof  (hall  be  to  the  Churchwardens,  for  the  Ufe  of  the  Parilh,  as  well 
as  towards  the  defraying  the  Charges  that  (hall  arife  and  become  due  by  Virtue  of 
this  Ad,-  and  the  other  Moiety  to  the  Perfon  who  ihall  fue  for  the  fame. 

k*.wn  ir*two  XXX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  if  within 
Mo>«hs,"RuM!  the  Space  of  Two  Months,  the  Owner  of  any  fuch  Negro  SLve  or  Runaway  can- 
^/pubH/o^a'r  ^°^  ^^  known,  or  doth  not  claim  the  fame,  that  the  Sheriff  of  the  faid  County  to 
whofe  CufVody  fuch  Runaway  fhall  be  eommitted,  fhall  caufe  the  faid  Runaway 
to  be  delivered  to  the  next  Conftuble,  to  be  by  him  delivered  to  the  next  Confta- 
ble,  and  fo  from  Conflable  to  Conftable,  to  the  Public  Goal  of  this  Government, 
after  fuch  Manner,  and  to  receive  fuch  i'unilhment,  as  in  this  Ad  is  mentioned 
and  direded. 

"t^'yefknln'  XXXI.  AND  be  it  fuTthet  EmSfed^  by  the  Authority  aforefaid.  That  when  any 
Coaler  may  hire  Negro  or  Ruhaway,  as  aforefaid,  fhall  be  delivered  to  the  Keeper  of  the  Public 
JifFea.'  *°  *"''  ^o^^  "^  ^^'^  Government,  by  Virtue  of  this  Ad,  and  his  or  her  Mailer  or  Owner 
cannot  be  known,  it  fhall  and  may  be  lawiul  for  the  Keeper  of  the  faid  Goal,  upon 
his  Application  to  the  General  Court,  or  the  neartft  County  Court  to  the  faid  Goal, 
or  to  any  Two  Juftices,  out  of  Court,  w.tn  theConfentof  either  of  the  faid  Courts, 
or  Two  Juftices,  as  aforefaid,  to  let  the  faid  Negro  or  Runaway  to  Hire,  to  any 
Perfon  or  r'erfons  whom  they  fhall  approve  of,  tor  fuch  Sum  or  Sums  of  Money, 
or  Quantity  of  Commodities,  and  for  fuch  Term  or  Time,  as  they  fhall  dired; 
and  that  out  of  the  iMoney  or  Commodities  arifing  by  fuch  Hire,  all  Fees  relating 
to  the  taking  up,  Imprifonment,  and  conveying  to  Goal,  and  Charges  of  main- 
taining fuch  Negro  or  Runaway,  fliall  be  firfl  paid  and  difcharged,  and  the  Over- 
plus, if  any,  difpofed  of  as  fuch  Court,  who  ihall  order  the  faid  Negro  or  Run- 
away to  let  out  to  Hire,  fhall  dired. 

c*nrt  ippMr.  XXXII.  P  ROV  ID  ED  always-,  That  when  the  Owner  of  fuch  Negro  or 
i?'d!i''verr/^  lo  Ru'i'iway  fhall  demand  the  lame,  the  Perfon  to  whom  fuch  Negro  or  Runaway 
him.  he  frying  fhall  be  let  out  to  Hire,  fhall  forthwith  deliver  him  or  her  into  the  Cuftody  of  the 
****•  Keeper  of  the  Public  Goal,  and  fhall  then  alfo  pay  the  Hire,  in  Proportion  to  the 

Time  the  faid  Runaway  hath  ferved  -,  and  the  Keeper  of  the  faid  Goal  fhall  deli- 
ver the  faid  Runaway  to  his  Mafler  or  Owner,  he  or  the  paying  down  all  Fees 
and  Charges  ot  taking  up,  Imprifonment,  conveying  to  Goal,  and  maintaining 
fuch  Runaway,  in  Cafe  the  Hire  of  the  faid  Runaway  be  not  fufHcient  to  fatisfy 
the  fame. 

R«n»w»y  siive  XXXIII.  AND  be  it  further  Enact ed,  by  the  Authority  aforefaid^  That  when 
^rt'^\?\t'r.  the  Keeper  of  the  faid  Public  Goal  fliall,  by  Diredion  of  fuch  Court  as  aforefaid, 
*^1''he'"  t^  '  ^^^  °'^^  ^"^  Negro  or  Runaway  to  Hire,  to  any  Perfon  or  Perfons  whomfoever, 
Aversbu  f"r  hij  ths  ^^i^  Keeper  fhall,  at  the  Time  of  his  Delivery,  caufe  an  Iron  Collar  to  be  put 
jfcapc.  on  the  Neck  of  fuch  Negro  or  Runaway,  wi'h  the  Letters  P.  G.  ftamped  there- 

on •,  and  that  thereafter  the  faid  Keeper  ihall  not  be  anfwerable  for  any  Efcape  of 
the  faid  Negro  or  Runaway. 

Rnn.wiy.  tJk«  XXXIV.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid.  That  when 
«p,  ji.fticetoof  any  Runaway  Servant  or  Slave  fiiall  be  brought  before  any  Juttice  of  the  Peaa; 
whippH*?  ^°nt  ^'^^^"  this  Government,  fuch  Juftice  fiiall,  by  his  Warrant,  commit  the  faid  Run- 
{tnt  from  C'n  away  to  the  next  Conflable,  and  therein  alfo  order  him  to  give  the  faid  Runaway 
wVhome.^""*"  ^0  ni^ny  i-aHies  as  the  faid  Juftice  ihall  think  fit,  not  exceeding  the  Number  of 

Thirty 


LAWS    of    NoRT  h-Car'ol  I  N  A.  169 


Thirty  Nine,  well  laid  on,  on  the  bare  Back  of  luch  Runaway  T  and  then  to  be    ^- ^-  1741- 
conveyed  from  Conftable  to  Conftabie,  until  the  faid  Runaway   fhall  be  carried  ^ 
home,  or  to  the  Public  Goal,  as  aforefaid. 


-"V- 


XXXV.  A  N  D  be  it  further  Enafied^  That  every  Conftabie   fhall,  on  his  Re-  Conftabie   refu- 
ceipt  of  fuch  Runaway,  give  a  Receipt  .for  him  or  her ;  and  that  every  Confta-  r" Lway'r^w 
ble  failing  to  execute  fuch  Warrant,  according  to  the  Tenor  thereof,  or  refufing  forfeit  xo\. 
to  give  fuch  Receipt,  fhall    forfeit  and  pay  Tv/enty  Shillings,  'Proclamation  Mo- 
ney, or  the  Value  thereof  in  Bills,  to  the  Churchwardens,  for  the  Ufe  of  the  Pa- 
rilh  wherein  fuch  Failure  Ihall  be ;  to  be  recovered  by  a  Warrant  under  the  Hands 
of  any  Two  Juftices  v/ithin  the  County  where  fuch  Conftabie  fhall  refide :  And  fuch 
Corporal  Punifhment  fnall  not  deprive  the  Mafter  or  Owner  of  any  Runaway  Ser- 
vant of  the  other  Satisfaftion  herein  by  this  Ad  appointed  to  be  had  of  fuch  Ser- 
vant, for  his  or  her  running  av»^ay. 

■    XXXVI.  AND  be  it  further  EnaEled^  hy  the  Authority  aforefaid.  That  if  any  sherf  employing 
Sheriff,  Under-sheriff,  or  Conftabie,  fliall  fet  to  work,  employ,  or  let  out  to  ueepS tS  Z 
Hire,  without  Order  of  Court  as  aforefaid,  any  Runaway  Servant  or  SlaVe  com-  Cuftody    longer 
mitted  to  the  Cuftody  of  any  of  them,  or  fhall  detain  fuch  Runaway  longer  in  his  r^as^^'To'^^rftit 
or  their  Cuftody  than  by  this  Aft  is  direfted,  he  or  they  fo  offending,  fhall  for-  5  i- ' 
feit  and  pay  Five  Pounds,  Proclamation  Money ;  to  be  recovered,  in  any  Court 
of  Record  in  this  Government,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information, 
.wherein  no  Effoign,  Proteftion,  Privilege,  or  Wager  of  Law,  fliali  be  allowed : 
One  Moiety  whereof  to  be  paid  to  the  Churchwardens,  for  the  Ufe  of  the  Parifh 
where  the  Offence  fhall  be  committed,  and  the  other  to  him  or  them  who  fhall 
fue  for  the  fame :  And  if  any  Sheriff,  or  his  Under-Sheriff,  or  any  Conftabie,  into  sherif   fuffering 
whofe  Hands  any  Runaway  Servant  or  Slave  fhall  be  committed,  by  Virtue  of  Runaway  to  e- 
this  Aft,  fhall  negligently  or  wilfully  fuffer  fuch  Runaway  to  efcape  the  faid  Sheriff,  thToamaV!  "* 
Under-Sheriff,  or  Conftabie,  he  or  they  fhall  be  liable  to  the  Aftion  of  the  Party 
grieved,  for  Recovery  of  his  Damages,  at  the  Common  Law,  with  Cofts. 

'j^XXVll.  A  N  D  he  it  further  E7ti?Med^  hy  the  Authority  aforefaid.   That  all  and  conftabks    ex. 
every  the  Conftables  within  this  Government,  for  their  Encouragement  to  perform  pTy^irg'^LevieT 
their  Duty,  be,  and  they  are  hereby,  for  the  future,  exempted  from  the  Payment  of 
all  Public,  County,  and  Parifh  Levies,  for  their  own  Perfons,  during  their  Con- 
tinuance in  Office ;  and  that  the  Keepers  of  Ferries  within  this  Government,  fhall  Ferry-keepers  to 
give  immediate  PafTage  to  all  Conftables,  and  their  Afliftants,  charged  with  con-  p^'^jge*^"' Con! 
dufting  any  Runaway  or  Runaways,  either  to  the  Public  Goal,  or  to  fuch  Run-  ft-^Wes    charged 
away  or  Runaways  Mafter  or  Owner,  without  charging  fuch  Conftabie,  or  their  ""'^^  Runways.  ^ 
Afliftants,  for  the  Ferriage,  either  going  or  returning:  But  all  fuch  Ferriages  of  such  Ferriages t* 
Conftables,  and  their  Affiftants,  fhall  be  paid  by  the  Churchwardens  of  the  Parifh  ^^  v^'^^  ^1  the 
v/here  fuch  Ferry-keepers  refpeftively  live,  and  levied,  as  aforefaid,  upon  the      "''^  ^^'^  ^^^' 
refpeftive  Mafters  or  Owners  of  fuch  Runaways. 

XXXVIII.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  shmfsandGcsi, 
and  after  the  Publication  of  this  Aft,  the  Fees  and  Allowances  of  the  faid  Sheriffs  er's  Fcts. 
and  Goaleis  be  as  followeth;  That  is  to  fay.  For  the  Commitment  of  every  fuch 
Negro  or  Runaway  to  any  County  Goal,  the  Sheriff  fhall  be  paid,  for  his  Fee,  the 
Sum  of  Two  Shillings  and  Six  Pence,  Proclamation  Money,  and  for  the  keeping 
or  maintaining  him  or  her  in  Goal,  for  every  Twenty  Four  Hours,  the  Sum  of 
Six  Pence,  and  for  his  or  her  Releafement,  the  Sum  of  Two  Shillings  and  Six 
Pence ;  and  that  the  Keeper  of  the  Public  Goal  of  this  Government,  for  the  Com- 
mitment of  every  fuch  Negro  or  Runaway,  fhall  be  paid  the  Sum  of  Two  Shil- 
lings and  Six  Pence,  Proclamation  Money,  and  for  his  or  her  keeping  in  Goal, 
every  Twenty  Four  Hours,  the  Sum  of  Six  Pence,  Proclamation  Money,  and  for 
his  or  hcT  Releafement,  the  Sum  of  Two  Shillings  and  Six  Pence,  Proclamation 

U  u  Money* 


1 70  LAWS    ^/'North-Carolina. 

A.  D    1741     Money,  and  no  more:  And  if  any  Sheriff,  in  any  County  of  this  Government,  or 

*>—- — v* '  Keeper  of  the  Public  Goal,  fhall  demand  or  take  any  greater  Fee  or  Allowance 

taking  "greater  than  is  hetcby  before  appointed  and  allowed,  for  the  Services  and  Maintenance 
Fee?,  to  forfeu  aforcfaid,  or  any  of  them,  he  or  they  fo  offending,  fhall,  for  every  Offence,  for- 
feit and  pay  to  the  Party  greived,  the  Sum  of  Twenty  Shillings,  Proclamation 
Money,  and  fhall  alfo  reiund  and  pay  bacloto  the  Parties,  fuch  Sum  of  Money 
which  fuch  Sheriff  or  Goaler  fhall  receive  and  take,  over  and  above  the  Fees  and 
Allowances  herein  before  appointed  ;  which  faid  Forfeiture  of  Twenty  Shillings, 
fhall  and  may  be  recovered  by  a  Warrant  from  any  Juftice  of  the  Peace  of  the 
County  where  fuch  Offence  fhall  be  committed. 

Runaways  fup-       XXXIX.  A  N  D  be  it  further  Ena^ed^  hy  the  Authority  aforefaid.  That  when 

to  ttVr°GJve°nf  ^^'7  Negro  or  other  Runaway  whofe  Owner  is  fuppofed  to  be  refident  in  any  other 

ments,  G  .aier  to  Provincc,  fhall  be  committed  to  any  Public  Goal  of  this  Government,  the  Keeper 

DlnpSoJ"'of'  of  the  faid  Goal  (hall,  by  the  firft  Opportunity  after  fuch  Commitment,  fend  a 

them.  Defcription  oi  fuch  Negro  or  Runaway,  together  with  the  Account  of  tlae  Time 

of  the  Commitment,  and  the  County  where  fuch  Runaway  is  committed,  to  the 

Prefs,  to  be  advertifed  in  the  Virginia^  or  South-Carolina  Gazette ;  for  which  he 

fliall  be  reimburfed  by  the  Owner  of  the  faid  Slave  or  Runaway. 

si»'"  not  to  go       XL.  AND  he  it  further  Ena5fed^  hy  the  Authority  afrefaid^  That  no  Slave  fhall 
go  armed   with  Gun,  Sword,  Club,  or  other  Weapon,  or  fhall  keep  any  fuch 
Weapon,  or  lliall  hunt  or  range  v/ith  a  Gun  in  the  Woods,  upon  any  Pretence 
whatfoevftr,  (except  fuch  Slave  or  Slaves  who  fhall  have  a  Certificate,  as  is  herein 
Offenders  may  Ve  aftf  f  providcd ;)  and  if  any  Slave  fhall  be  found  offending  herein,  it  fhall  and  may 
tak  n  up,  their  {3^  hwful  for  any  Perfon  or  Perfons  to  feize  and  take,  to  his  own  Ufe,  fuch  Gun, 
themVand  t'he'^  Swotd,  or  Other  Weapon,  and  to  apprehend  and  deliver  fuch  Slave  to  the  next 
whipped.  Conftable,  who  is  enjoined  and  required,  without  further  Order  or  Warrant,  to 

give  fuch  Slave  Tw  nty  Lafhes,  on  his  or  her  bare  Back,  and  to  fend  him  or  her 
home  j  and  the  Mafter  or  Owner  of  fuch  Slave  fhall  pay  to  the  Taker-up  of  fuch 
armed  Slave,  the  fame  Reward  as  by  this  Ad  is  allowed  for  taking  up  of  Run- 
aways. 

One  Slave  on  a      XLI.  V RO  V I'D E D  always.  That  nothing  in  this  Aft  fhall  be  conflrued  or 
reptedT""  "'    extended,  to  prohibit  or  debar  any  Mafler  or  Owner  of  any  Slave  or  Slaves  with- 
in this  Government,  from  employing  any  one  Slave  in  each  and  every  diftinft 
Plantation,  from  hunting  in  the  Woods  on  their  Mafler's  Lands  with  a  Gun,  to 
preferve  his  or  her  Stock,  or  to  kill  Game  for  his  or  her  Family. 

Scich Slave ^0 car.  XLII.  PROVIDED  alfo.  That  fuch  Mafler  or  Owner  fhall  firfl  deliver  in- 
ly  a  Ceri :fi«te.  ^^  ^^^  County  Court,  an  Account,  in  Writing,  of  the  Name  of  any  fuch  Slave  to 
be  employed  as  aforefaid  •,  and  the  Chairman  of  the  Court  fhall  fign  a  Certificate 
that  fuch  Slave  is  allowed  to  carry  a  Gun,  and  hunt  in  the  Woods  on  his  Mafler 
or  Miflrefs's  Lands :  And  the  Mafler,  Miflrefs,  or  Overfeer  of  fuch  Slave  fhall 
give  him  the  faid  Certificate,  which  fuch  Slave  fhall  always  carry  about  him,  on 
Pain  of  being  apprehended  and  punifhed  as  aforefaid  :  Any  Thing  herein  before 
contained  to  the  contrary,  notwidiftanding. 

cSe  Plantation  XLIIL  AN  Die  H  further  Enacted^  hy  the  Authority  aforefaid^  That  no  Slave 
without  Leave,  fhall  go  from  off  the  Plantation  or  Seat  of  Land  where  fuch  Slave  fhall  be  appoint- 
l^r"L  s"*"^"  ^'^  ^o  ^ive,  without  a  Certificate  of  Leave,  in  Writing,  for  fo  doing,  from  his 
or  ner  Mafler  or  Overfeer,  (Negroes  wearing  Liveries  always  excepted.) 


excepted.) 


Slaves  not  to  r»ife      XLIV.  A  N  D  bt  it  further  Enaftedy  hy  the  Authority  aforefaid^  That  no  Slave 
Stock.  j[j^^j|  ^g  permitted,  on  any  Pretence  whatfoever,  to  raife  any  Horfes,  Cattle,  or 

Hogs  i  and  all  Horfes,  Cattle,  and  Hogs,  that.  Six  Months  from  the  Date  here- 
of. 


LAWS    o/"    North-Carolina. 


A   D. 


of,  fhall  belong  to  any  Slave,  or  of  any  Slave's  Mark  in  this  Government,  fhall 

be  feifed,  and  fold  by  the  Churchwardens  of  the  Parifh  where  fuch  Horfes,  Cat- "^ 

tie,  or  Hogs   (hall  be,  and  the  Profit  thereof  be  applied,  one  Half  to  the  Ufe  of 
the  faid  Parifh,  and  the  other  Half  to  the  Informer. 

XLV.  AND  whereas  many  Times  Slaves  run  away,  and  lie  out  hid  and  lurk-  Runaway  siav« 
xng  in  Swamps,  Woods,  and  other  obfcure  Places,  killing  Cattle  and  Hogs,  and  ^'^  *"*  "ut-iavr. 
committing  other  Injuries  to  the  Inhabitants  of  this  Government:  Be  it  therefore 
Enacted,  by  the  Authority  aforefaid^  That  in  all  fuch  Cafes,  upon  Intelligence  of 
any  Slave  or  Slaves  lying  out  as  albrcfaid,  any  Two  Juftices  ot  the  Peace  for  the 
County  wherein  fuch  Slave  or  Slaves  is  or  are  fuppofed  to  lurk  or  do  Mifchief, 
fhall,  and  they  are  dereby  impowered  and  required,  to  ifllie  Proclamation  againft 
fuch  Slave  or  Slaves,  (reciting  his  or  their  Name  or  Names,  and  the  Name  or 
Names  of  the  Owner  or  Owners,  if  known,)  thereby  requiring  him  or  them,  and 
every  of  them,  forthwith  to  furr^nder  him  or  themfelves  ;  and  alfo,  to  im power 
and  require  the  Sheriff  of  the  faid  County  to  take  fuch  Power  with  him  as  he  ihall 
think  fit  and  necelTary,  for  going  in  Search  and  Purfuit  of,  and  effedual  appre- 
hending fuch  outlying  Slave  or  Slaves  -,  which  Proclamation  fhall  be  publilhed  on 
a  Sabbath  Day,  at  the  Door  of  every  Church  or  Chappel,  or  for  Want  of  fuch, 
at  the  Place  where  Divine  Service  fhall  be  performed  in  the  faid  County,  by  the 
Parifh  Clerk,  or  Reader,  immediately  after  Divine  Service:  And  if  any  Slave  or 
Slaves  againft  whom  Proclamation  hath  been  thus  ifTued,  ftay  out  and  do  not  im- 
mediately return  home,  it  (hall  be  lawful  for  any  Ptrfon  or  f  erfons  whatfoever, 
to  kill  and  deftroy  fuch  Slave  or  Slaves,  by  fuch  Ways  and  Means  as  he  or  fhe 
Ihall  think  fit,  without  Accufation  or  Impeachment  of  any  Crime  for  the  fame. 

XLVI.  PROVIDED  always,  and  it  is  further  Enabled,  That  for  every  Out-hwcH  siarc 
Slave  killed  in  Purfuance  of  this  Ad,  or  put  to  Death  by  Law,  the  Mafter  or  ^orb"''h°'''^^'*''* 
Owner  of  fuch  Slave  fhall  be  paid  by  the  Public;  and  all  Tryals  of  Slaves  for  Ca-   "^  ^'  ^  "  "^* 
pital  and  other  Crimes,  fhall  be  in  the  Manner,  and  according  as  herein  after  is 
dircded.  * 

-     XLVII.  AND  be  it  further  Ena£led,  by  the  Authority  aforefaid.  That  if  any  Confpiraty  of  a. 
Number  of  Negroes  or  other  Slaves,  that  is  to  fay.  Three,  or  more,  fhall,  at  any  "v'^ree  or  more 
Time  hereafttr,  confult,  advife,  or  confpire  to  rebell,  or  make  Infurredion,  or  Fdony.  "^J""'*"* 
Ihall  plot  or  confpire  the  Murther  of  any  Perfonor  Perfons  whatfoever,  every  fuch 
confulting,  plotting,  or  confpiring,  fhall  be  adjudged  and  deemed  Felony ;  and 

.  the  Slave  or  Slaves  convidled  thereof,  in  Manner  herein  after  direded,  fliall  fuffer 
Death. 

XLVIII.  A  N  D  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  every  Manner  of  tryiug 
Slave  committing  fuch  Offence,  or  any  other  Crime  or  Mifdemeanor,  fhall  forth-  ^''""' 
with  be  committed,  by  any  Juftice  of  the  Peace,  to  the  Common  Goal  of  the 
County  within  which  the  faid  Offence  fhall  be  committed,  there  to  be  fafely  kept; 
and  that  the  Sheriff  of  fuch  County,  upon  fuch  Commitment,  fhall  forthwith  cer- 
tify the  fame  to  any  Juftice  in  the  Commiffion  for  the  faid  Court,  for  the  Time 
being,  refident  in  the  County,  who  is  thereupon  required  and  direded  to  iffue  a 
Summons  for  Two  or  more  Juftices  of  the  faid  Court,  and  Four  Freeholders,  fuch 
as  fhall  have  Slaves  in  the  faid  County ;  which  faid  Three  Juftices,  and  Four  Free- 
holders, Owners  of  Slaves,  arc  hereby  impowered  and  required,  upon  Oath,  to 
try  all  Manner  of  Crimes  and  Offences  that  ftiall  be  committed  by  any  Slave  or 
Slaves,  at  the  Court-houfe  of  the  County,  and  to  lake  for  Evidence,  the  Confeflion 
of  the  Offender,  the  Oath  of  one  or  more  credible  Witneffes,  or  fuch  Teftimony 
of  Negroes,  Mulattoes,  or  Indians^  bond  or  free,  with  pregnant  Circumftances, 
as  to  them  ftiall  feem  convincing,  without  the  Solemnity  of  a  Jury  ;  and  the  Of- 
fender being  then  found  guilty,  to  pafs  fuch  Judgment  upon  fuch  Offender,  ac- 
cording 


lyz  ^  L  A  IF  S    c/*    North-Carolina. 

:^'i5.'",74r.    cording  to  their  Difcrttion,  as  the  Nature  of  the  Crime  or  Offence  fhall  require  j 
v-  and  on  fuch  Judgment,  to  award  Execution. 

All  >ftice5n,ay  '  XLIX.  P  R  0  F  T D  E  D  dlways,  and  be  it  Enabled,  That  it  fhall  and  may  be 
gro'sVyTi.  "  lawful  for  each  andevtry  Juftice,  being  in  the  Commiffion  of  the  Peace  lor  the 
County  where  any  Slave  or  Slaves  fhall  be  tried,  by  Virtue  of  this  Aft,  (who  is 
Owner  of  Slaves,)  to  fet  upon  fuch  Tryal,  and  aft  as  a  Member  of  fuch  Court, 
tho'  he  or  they  be  not  fummoned  thereto:  Any  Thing  herein  before  contained  to 
the  contrary,  in  any-wife,  notwithftanding. 

NepoM  giving  L.  A  N  D  to  the  End  fuch  Negro,  Mulatto,  or  Indian^  bond  or  free,  not  be- 
faife  Teftimony,  j^g  Chriftians,  as  (hall  hereafter  be  produced  as  an  Evidence  on  the  Tryal  of  any 
Sarsrot  cff,"^  Slave  or  Slaves  ior  Capital  or  other  Crimes,  may  be  under  the  greater  Obligation 
to  declare  the  Truth  -,  Be  it  further  Enr.£fcd,  That  where  any  fuch  "Negro,  Mulatto, 
Or  Indian,  bond  or  free,  fhall,  upon  due  Proof  made,  or  pregnant  Circumftances, 
appearing  before  any  County  Court  within  this  Government,  be  found  to  have 
given  a  falfe  Teftimony,  every  fuch  Offender  fhall,  without  further  Tryal,  be 
ordered,  by  the  faid  Court,  to  have  one  Ear  nailed  to  the  Pillory,  and  there  ftand 
for  the  Space  of  One  Hour,  and  the  faid  Ear  to  be  cut  off,  and  thereafter  the  other 
Ear  nailed  in  like  Manner,  and  cut  off,  at  the  Expiration  of  one  other  Hour ;  and 
moreover,  to  order  every  fuch  Offender  Thirty  Nine  Lafhes,  well  laid  on,  on  his 
or  her  bare  Back,  at  the  common  whipping  Poft. 

ishairman  ci  the      LI.  A  N  D  he  it  further  EnaBed,  by  the  Authority  aforefaid^  That  at  every  fuch 
Court  to  cAutu-n  Tj-yal  of  Slaves  committing  Capital  or  other  Offences,  the  firft  Perfon  in  Com-. 
ing  Teftimony.     miffion  fetting  on  fuch  Tryal,  fliall,  before  the  Examination  of  every  Negro,  Mu- 
latto, or  Indian^  not  being  a  Chriftian,  charge  fuch  to  declare  the  Truth. 

Owner  of  Slave  LIT.  P  R  0  F I D  E  t)  always,  and  it  is  hereby  intended..  That  the  Mafter,  Ow- 
m'l/''Drfence'^  "^i"*  csr  Overfetr  of  any  Slave,  to  be  arraigned  and  tryed  by  Virtue  of  this  Aft, 
fox  him.  may  appear  at  the  Tryal,  and   make  what  juft  Defence  he  can  for  fuch  Slave  or 

Slaves ;  fo  that  fuch  Defence  do  not  relate  to  any  Formality  in  the  proceeding  on 

the  Tryal. 

slave  conviJVea,  Llll.  J  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  any 
hiT^nd"  JrSy  ^^^'^^  ^^^^  beconvifted  Capitally  by  Virtue  of  this  Aft,  the  Juftices  and  Freehol- 
it  to  the  Aflem-  dcfs  that  fhall  fit  on  fuch  Tryals,  lliall  put  a  Valuation,  in  Proclamation  Money, 
alay  pay  for  hfm^  "P°"  ^^^^  Slavc  fo  convifted,  and  certity,  under  their  Hands  and  Seals,  fuch 
Valuation  to  the  next  AffcmbJy  •,  that  the  faid  Aflcmbly  may  make  fuitable  Allow- 
„  ance  thereupon,  to  the  Mafter  or  Owner  of  fuch  Slave. 

Slave  kiiieJ   in       LIV.  A  N  D  he  it  further  Enactcd,  by  the  Authority  aforefaid.  That  if  in  the 
fp[ra[S  fe?zing  dlfpcrfing  any  unlawful  Affcmblies  of  rebel  Slaves  or  Confpirutors,  or  feizing  the 
Arms,  taking  up  Arms  and  Ammunition  of  fuch  as  are  prohibited  by  this  Aft  to  keep  the  fame, 
crrla^^n'bythe  or  in  apprehending  Runaways,  or  in  Correftion  by  Order  of  the  County  Court, 
Court's  Order,    any  Slave  fhall  happen  to  be  killed  or  deftroycd,  the  Court  of  the  County  where 
the'^PubHc?'^  ^^  fuch  Slave  fhall  be  killed,  upon  Application  of  the  Owner  of  fuch  Slave,  and  due 
Proof  thei-eof  made,  fhall'put  a  Valuation,  in  Proclamation  Money,  "pon  fuch 
Slave  fo  killed,  and  certify  fuch  Valuation  to  the  next  Seffion  of  Affembly  \  that 
the  faid  Affembly  may  make  fuitable  Allowance  thereupon,  to  the  Mafter  or  Ow- 
ner of  fuch  SlaVe. 

k'n.n'  **'sw  ^"^"  ^  ^^FIBED  always,  and  be  it  further  Enacted,  That  nothing  herein 
Owner  may  have  contaitted,  fhall  be  conftrued,  deemed,  or  taken,  to  defeat  or  bar  the  Aftion  of 
^'L  /'h  "  *"  ^"^  f^erfon  or  Perfons,  whofe  Slave  or  Slaves  fhall  happen  to  be  killed  by  any  other 
gain  .  em.       Pgrfon  whofocver,  contrary  to  the  Direftions  and  true  Intent  and  Meaning  of  this 

Aftt 


LAWS    ^North-Carolina.  173 

Act  •,  but  tlut  all  and    every  Owner  or  Owners  of  fuch  Slave  or  Slaves,  Ihall  and   ^'  ^-  '74i. 

may  bring  his,  her,  or  their  Adion,  for  Recovery  of  Damages  for  fuch  Slave  or  '^ "v i 

Slaves  fo  killed. 

LVI.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  no  Negro  8h«es  not  tobs 
or  Mulatto  Slaves  fliall  be  fct  free,  upon  any  Pretence  whatfoever,  exceot  forme-  J"'  f'«.."f=pt 
ntorious  Services,  to  be  adjudgea  and  allowed  of  by  the  County  Court,  and  Li-  Scrvi«.. 
cence  thereupon  firft  had  and  obtained :  And  that  where  any  Slave  fhall  be  fct 
free  by  his  or  her  Mafter  or  Owner,  otherwife  than  is  herein  before  direfted,  it  Ihall 
and  may  be  lawiiil  for  the  Churchwardens  of  the  Parifh  wherein  fuch  Negro,  Mu- 
latto, or  Indian^  lliall  be  found,  at  the  Expiration  of  Six  Months,  next  after  his 
or  her  being  fet  free,  and  they  are  hereby  authorized  and  required,  to  take  up  and 
fell  the  faid  Negro,  Mulatto,  or  Indian,  as  a  Slave,  at  the  next  Court  to  be  held 
for  the  faid  County,  at  Public  Vendue  i  and  the  Monies  arifing  by  fuch  Sale*  fliall 
be  applied  to  the  \Mt  of  the  Parifh,  by  the  Veilry  thereof:  And  if  any  Negro,  skre,  f<t  free  it 
Mulatto,  or  Indian  Slave,  fet  free  otherwife  than  is  herein  direded^  fliali  depart  £ir«  rcttm 
this  Province,  within  Six  Months  next  after  his  or  her  Freedom,  and  fliall  after-  \^\nT^^^l, 
wards  return  into  this  Government,  it  fliall  and  may  be  lawful  for  the  Church-  '"^  "^  ^''^'*' 
wardens  of  the  Parilli  where  fuch  Negro  or  Mulatto  fliall  be  found,  at  the  Expira- 
tion of  one  'Month,  next  after  his  or  her  Return  into  this  Government,  to  take  up 
fuch  Negro  or  Mulatto,  and  fell  him  or  them,  as  Slaves,  at  the  next  Court  to'be 
held  for  the  County,  at  Public  Vendue ;  and  the  Monies  arifing  thereby,  to  be 
applied,  by  the  Vel^ry,  to  the  Ufe  of  the  Parifli,  as  aforefaid. 

LVIL  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  until  this  This  a«  to  ta 
Aa  fliall  be  printed,  it  fliall  be  publickly  read.  Yearly,  and  every  Year,  Two  [witd^^r* 
feveral  Times  in  the  Year,  in  every  County  within  this  Government,  by  the  Clerk 
of  each  County,  in  open  Court;  that  is  to  fiy,  at  the  Courts  in  or  next  to  the 
Months  of  April,  and  September ;  under  the  Penalty  of  Twenty  Shillings,  Procla- 
mation Money,  for  every  fuch  Omiflion  and  Negleft  ;  to  be  levied  by°a  Warrant 
from  any  Jufl:ice  of  iht  Peace,  and  applied  to  the  Ufe  of  the  Parifli  where  the  Of- 
fence fliall  be  committed:  And  the  Churchwardens  of  every  Parifli  are  hereby  re- 
quired to  provide  a  Copy  of  this  Ad,  at  the  Charge  of  the  Parifli. 

LViri.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid,  Tha^all  and  Rcp«iinBCia«fe. 
every  other  Ad  and  Ads,  and  every  Claufe  and  Article  thereof  heretofore  made, 
fo  far  as  relate  to  Servants  and  Slaves,  or  to  any  other  Matter  or  Thing  whatfo- 
ever, within  the  Purview  of  this  Ad,  is  and  are  hereby  repealed  and  made  void, 
to  all  Intents  and  Puipoies,  as  if  the  fame  had  never  been  made. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

William  Smith,  Prelidcnt, 

John  Hodgson,  Spcakcn 


X  X  Anno 


L  A  JV  S    o/'    North- Carolina. 


Anno  Regni 


G  E  O  R  G  1 1   IL 

Regis,    Magn^e  Britannia,  Franci^ey  & 
Hiberni^,  Decimo  Quinto. 


At  a  General  ASSEMBLY,  held  at  PFilmlnHony  in  the  g  * « 
lear  oi   q\ 
Forty  One. 


Year  of  our  Lord  One  Thoufand   Seven  Hundred   and  feG^vcrR*. 


CHAP.     I. 

An  A5f,  for  ereBing  the  upper  Tart  of  Bertie  County  into  a  County,  by  the 
Name  of  Northampton  County  j  and  for  regulating  the  Limits  between 
Society  PariJJo^  and  the  Northweft  Parijh  of  Bertie  j  and  for  remov- 
ing the  Seat  of  Bertie  County  Court. 


TT  7  H  E  R  E  AS  the  County  o^ Bertie  is  Very  cntenfive,  arid  its  Inhabi-  P««mble, 


tants  more  numerous  than  any  County  in  this  Province  ;  which  renders 
the  PubHc  Bufinefs  of  the  faid  County  very  difficult  to  be  tranfadcd :  For  Reme- 
dy whereof, 

II.  WE  pray  that  it  may  be  Enafted,  And  bs  it  Ena^ed^  by  his  Excellency  Ga-  ^orthampi,^  ^ 
briel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejifs  '^''"''^  "*'^'^' 
Council,  and  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  that  Part  of  Beriie  County  which  lieth  North  and 

JVefi  of  Sandy  Run,  and  in  a  direft  Line  from  the  Head  of  the  faid  Run,  to  the 
Head  of  the  Beaver-Dam  Swamp,  and  down  the  faid  Swamp  and  Meherrin  Creek 
and  River,  be,  and  is  hereby  erefted  into  a  County,  by  the  Name  of  Northamp- 
ton County  •,  and  that  the  faid  Bounds  Ihal],  henceforward,  be  the  Limits  between 
Society  PariHi,  and  the  Northweft  Parilh  of  Bertie. 

III.  AND  It  it  further  EnaEted,   by  the  Authority  aforefaid^  That  from  and  m^eftcd  ,.iti,  ail 
after  the  paffing  of  this  Acl,  the  faid  County  of  iVi7r/^^;;j/'/(7«  fhall  be  invefted  P"w=". 
V/ith  as  full  and  ample  Powers,  Privileges,  Advantages,  and  Immunities,  as  any 

Other  County  in  this  Province  ;  faving  only,  ^at  the  faid  County  Ihall  fend  to  all 

Affem- 


176  LAWS      ofNoRTH-CAROLINA. 

^.  D.  1741     ABen>blies,  after  the  Diffolution  of  this  prefent  ilffembly.  Two  Reprefentatives, 
"""V  and  no  more. 

»»rf;>  County  to      IV.  A  N  D.  he  it  fuTther  EnaSfed^  by  the  Juthority  afcrefaidy  Th^t  Bertie  Coua- 
utitel'^'^''' "'"  ty  fiiall,  in  all  future  General  Affemblics  which  fhall  be  held  after  the  Diffolution 

of  the  prelent  Afferably,  choofe,  arld^  fend  to  the  General  Affembly,  Three  Rc- 

prefentativcs,  and  no  more. 

PreffntUepref.-n .       V.  AND  be  it  fuYtkeY  EnaElcd^  by  the  Authority  af ore/aid.  That  the  prefent 
t"cOTtinn.,'^u"  Reprefentatives  who  have  been  fent  by  5^r//>  County,  fhall,  for  and  during  the 
ring  this  Affem.    Continuance  of  this  prefent  General  Affembly,  fit  and  vote  as  the  Reprefentatives 
of  Bertie  and  Northampton  Counties. 

Co«m  wher.  yj^  AND  be  it  further  Enactedy  by  the  Authority  aforefnid.  That  the  Court  of 
the  (aid  Covnty  of  Northantpton  fnall  be  holden  on  the  tourthlu^Jdays  of  the 
Months  of  November^  ■  February^  May,  and  yfjii^?//.  Annually  :  Which  fiid  Court, 
at  their  firft  Term  or  Seffiohi  ihall  recommend  to  his  Excellency  the  Governor, 
proper  Perfons  to  execute  the  refpedive  Offices  of  Clerk  and  Shenff  of  the  faid 
County,  according  to  Law. 

Court  t"  ere«  »       VTI.  A  N  D  be  it  further  Enactsd.,  by  the  Authority  afore  faid.  That  the  faid 

Couit-hcufe,&c.  Court  fhall,  at  the  Charge  of  the  faid  County,  in  their  firlVor  fee ond  Term  or 

Seiiion,  make  Orders  and  Rules,  agreable  to  the  Laws  of  this  Province,  tor  ercd- 

ing  a  fufficient  Court-hnufe,  Frifon,  and  Stocks,  near  the  upper  Pottakafey  Bridges, 

as  the  faid  Court  fhall  feem  necellary.  • 

«ra"  oZl.^  ^^^^'  ^^D  ^^  ^^  further  Enacted^  by  the  Authority  afcrefaid.  That  the  Court 
houfe,  &c.  of  Bertie  County  fliall,  at  the  Charge  of  their  County,  on  the  firft  or  ftcond  Term 
or  Seffion,  next  after  the  pafling  this  Adt,  make  Orders  and  Rules  for  ereding  a 
fufficient  Court-houfe,  Frifon,  and  Stocks,  at  fuch  Place  as  to  them  fhall  fcem 
mofl  convenient ;  and  the  Levy  lately  laid  by  the  Court  of  Btrtu,  for  building  a 
Goal,  Ihall  be  appropriated  tor  the  Uies  aforcfaid,  in  the  C  ounty  in  which  the 
EacVi  Cronty  to  Tithablcs  are  refident  \  -and  the  County  of  Northampton  fhall  pay  a  F'roportion  of 
xe«!  County  Taxes  with  Bertie,  to  be  laid  to  difcharge  all  Arrears  whifti  the  faid  C  cunty 
of  Bertie  is  now  in,  for  building  their  feveral  Warehoufts,  and  paying  the  Wages 
of  their  feveral  Infpedors,  and  of  runing  the  uid  Line :  And  that  the  Ltvy  on  the 
Northwffi  Parifh  of  Berticy  already  kid,  Ihall  be  paid  and  accounted  for  to  tiieir 
Veflry. 

proceediags  of        IX.  P RO F I D E D  alwflySy  That  nothing  in  this  Ad  fhall  be  conflrucd,  to 
fr/jUdf''""  '*  extend  to  alter  or  vacate  any  Judgment  or  Judgments  already  had  or  obtamed,  or 
any  Suit  already  commenced  in  the  Court  of  Bertie  County ;  but  that  the  faid  Court 
may  proceed,  as  ufual,  to  Judgment,  and  Execution  thereon. 


CHAP.    n. 

^fru  zll  i?4*:  -^«  ^^>  to  ejtahlipi  Ports,  or  Places  of  Delivery  of  Merchandizes  mfortei 
"^-'   ''       '       in,  and  exported  out  of  this  Province  ;  and  to  prevent  the  clandelU?ie  rim- 
nin^  of  uncvjlomed  and  prohibited  Goods,  in  the  feveral  Ports  the  reef, 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Prefidento 

John  Hodgson,  Speaker, 

Anno 


bear 
portie 


Chap,    4, 


LAWS    ^North-Carolina. 


^77 


A.  D.    1743. 


Anno  Regni 

G  E  O  R  G  1 1   IL 

Regis,    Magn^e  Britannia,  Franci^y  & 
Hihernide,  Decimo  Septirao. 


At  a  General  ASSEMBLY,  held  ^tEdenton,  the  Se- ^,V,U'„^^ 
cond  Day  of  AfriU  in  the  Year  of  our  Lord  One  Thou-»  ^^15  <^°^""'^' 
fand    Seven  Hundred   and  Forty  Three. 


CHAP.    I. 


An  A5i^  to  regulate  EkBions  for  Members  to  ferve  in  General  AJfembly 
for  the  feverdl  Counties^  to  declare  who  Jhall  be  qualified  to  -vote  in  the 
faid  EleBionSy  or  be  eleSfed  a  Member  of  the  General  AJfembly  for  any 
of  the  faid  Counties^  and  to  diredl  the  Method  to  be  obferved  in  taking 
the  Poll  at  the  fever al  EleBions  in  the  Counties  and  Towns  in  this  Pro- 


vince, 


\. 


BE  it  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  by  and  !^'""^'  p, 
with  the  Advice  and  Confent  of  his  Majefty's  Council^  and  General  AJfembly  Eieftions. 


t»k- 

PoU  «t 


~tf/  tbis  Provifue,  and  it  is  hereby  Ena^ed,  by  the  Authority  of  the  fame.  That 
from  and  after  the  Ratification  of  this  A£t,  the  Sherifs  of  the  feveral  and  refptc- 
tive  Counties  in  this  Province,  fhall,  at  all  Eleftions  hereafter  to  be  made  in  their 
feveral  and  refpedtive  Counties,  for  Members  to  fit  in  General  AfTcmbly,  take  the 
Votes  of  the  Freeholders,  qualified  to  vote,  in  Manner  following;  that  is  to  fay. 
Each  and  every  Sheriff  of  the  feveral  Counties  fliall,  at  the  Day  appointed  for  choof- 
ing  Members  of  Affembly,  come  to  the  Place  by  Law  appointed  for  holding  fuch 
Election  in  his  County,  provided  with  a  fmall  Box,  with  a  Lid  or  Cover,  having 
a  Hole  in  it,  not  exceeding  Half  an  Inch  in  Diameter  •,  which  faid  Cover  fhall  be 
fealed  and  fecured  on  the  Box,  in  the  Prefence  of  the  Infpedors  chofen,  as  in  this 
Ad  is  hereafter  directed,  to  fee  the  Poll  fairly  and  impartially  taken;  which  being 
done,  the  Sheriff  fhall,  at  or  before  Ten  of  the  Clock  in  the  Forenoon,  open  the 
Poll,  by  making  Proclamation  Three  Times,  for  fuch  Perfons  as  are  qualified  to 
votC)  to  come  and  give  in  their  Votes,  by  Ballot;  and  after  the  Poll  is  fo  opened, 

Y  y  the 


178  LAWS    of    North-Carolina. 


A.  D.  1743.  the  Sheriff  fhali  attend  the  lame,  and  keep  the  Poll  open  til  One  of  the  Clock  ire 
'''^"'"v"""^- the  Afternoon,  at  which  Time  it  fnall  be  lawful  for  him  to  adjourn  the  Poll  co 
Half  an  Hour  after  Two  of  the  Clock,  the  Hole  in  the  Box  being  firft  fealed,  in 
Prcfence  of  the  Sheriff,  Infpeftors,  and  fuch  Candidates  as  will  attend  to  fee  the 
fame ;  and  then  fhall  again  open  the  Poll,  as  at  firit,  and  keep  the  fame  open,  and 
attend  the  taking  the  Votes,  as  aforefaid,  until  Sun-fct,  and  no  longer,  without 
it  (liali  be  agreed  by  all  the  Candidates  to  have  it  clofed  fooner. 

Fre»b.oiders  how      n.  AN D  hc  it  further  Enafied^  by  the  Authority  aforefaid^  That   every  Pef- 
Vut^'s?       '     fon  qualified  to  vote,  fhall  give  to  the  Sheriff,  in  Prefence  of  the  Infpedlors,  a  Scroll 
of  Paper,  rolled  up,  with  the  Name  or  Names  of  the  Per  fon  or  Perfons  he  votes 
for,  written  therein  •,  which  Scroll  fhall  be  immediately,  by  the  Sheriff,  put  into 
the  Box,  in  the  Prc^nce  of  the  Infpc6lors,  and  at  the  fame  Time  the  Sheriff,  and 
alfo  each  of  the  Infpei5lors,  fhall  take  a'Lift,  in  Writing,  of  the  Perfon's  Name 
Poll  how  to  be  fo  voting :  And  when  every  Perfon  attending  at  the  Place  of  Eledion,  fhall  have 
'''°^"'"  voted,  as  before  mentioned,  or  that  the  Sun  fhall  be  fet,  the  Sheriff  fhall  conclude 

the  Poll,  and,  in  the  Prefencc  of  the  Infpedtors,  and  fuch  of  the  Candidates  as 
will  attend,  open  the  Box,  and  take  out  the  Scrolls,  One  by  One,  and  read  the 
Name  or  Names  of  the  Candidate  or  Candidates  written  in  each  Scroll,  and  an  ex- 
ad  Account  fhall  be  taken,  by  each  Infpedlor,  from  the  faid  Scrolls,  of  the  Num- 
ber of  Votes  for  each  Candidate;  and  if  there  fhall  be  Two  Scrolls  rolled  together 
and  put  into  the  Box  in  the  Room  or  Place  of  one,  or  if  any  Scroll  contains  the 
Names  of  more  Candidates  than  fhall  be  lawful  for  the  County  to  choofe,  fuch 
shcriflT  to  return  ScroU  Or  ScroUs  fliall  bc  cafl  away,  as  ufekfs  and  void :  And  when  the  Votes  have 
the    Candidates  j^       ^jj  ^^^^  ^^jj.  ^j^^  examined,  as  aforefaid,  whatfoever  Candidate  or  Candidates 

hiving       molt  n       -^  »  1        •  rr* 

Votes.  ihall  appear  to  have  moft  Votes,  the  Sheriff  or  Under-Sheriff  fhall  return  him  or 

them  Burgefs  or  Burgeffes  s  or  if  Two  or  more  Candidates  fhall  have  an  equal 
Number  of  Votes,  the  Sheriff  or  Under-Sheriff,  being  a  Freeholder,  fhall  and  may 
return  which  of  them  he  thinks  fit  j  in  which  Cafe  only,  the  faid  Sheriff,  or  Un- 
der-Sheriff, is  allowed  to  vote. 

injpeftors  to  \^t      ^'  A  N  D  bs  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  Tnfpedors 

Dominated  !iy  the  aforcfaid  fhall  be  nominated  and  appointed  by  the  Candidates  \  but  in  Cafe  of  the 

Candidates,  or   -^^^i^Q.  ^j.  Rgfufal  of  the  Candidates,  the  Sheriff",  or  Under-Sheriff  of  the  County, 

Freeholder  to     fhall  nominate  and  appoint  the  faid  I nfpeftors :  And  every  Freeholder,  before  he 

take  an  Onh.     jg  admitted  to  Poll,  or  give  in  his  Vote,  as  aforefaid,  at  any  fuch  Election,  if  it 

be  required  by  the  Candidates,  or  any  of  them,  or  any  other  Freeholder  in  their 

Behalf,  fhall  take  the  following  Oath  \  (which  Oath  the  Sheriff  or  Under-Sheriff 

is  hereby  impowered  and  diredted  to  adminifter,)  to  xvity 

Oath,  "XT  0  U  fhall  fwear^  That  you  have  been  foffeffed  of  a  Freehold,  of  Fifty  Acres  of 

j[     Landt  for  Three  Months  pafi,  in  your  own  Right,  in  the  County  of 
and  have  been  Six  Months  an.  Inhabitant  of  this  Province ;  and  that  you  have  net 
given  in  your  Vote  before  in  this  Ek£lion. 

So  help  you  God. 


Who  to  be 


ae- 


IV.  AND  for  the  Prevention  of.Difputes  which  may  hereafter  arife  in  Eleftion 
hXt  ^'"'  of  Burgeffes,  concerning  who  fhall  be  underllood  to  be  a  Freeholder ;  Be  it  Enacted^ 
hy  the  Authority  aforefaid.  That  every  Perfon  who  hath  an  Eftate,  Real,  for  his 
own  Life,  or  the  Life  of  another,  or  any  Eftate  of  greater  Dignity,  of  a  fufHcienC 
Number  of  Acres,  in  the  County  which  by  this  Law  enables  him  to  vote,  or  be 
a  Candidate  for  fuch  County,  fhall  be  accounted  a  Freeholder,  within  the  Meaning 
of  this  Ad. 

Ni  Perfon  to        V.  AND  be  it  further  EnaBed,  by  the  Authority  afrefaid.  That  no  Perfon  here- 
tote,  anicfs  he  ^f^^^^  ^j^^jj  j^^  admitted  to  give  hi*  Vote  in  any  Eledion  of  Burgeffes,  in  any 

County 


L  A  IV  S    c/^    North -Carolina.  lyg 


A.  D.    1743. 

^ ^ f 

halh  been  an  In- 


County  within  this  Province,  unleis  he  hath  been  an  Inhabitant  of  this  Province 
Six  Months,  and  hath  been  poireffed  of  a  Freehold,  within  the  Meaning  of  this 
h.i\  of  Fifty  Acres  of  Land,  at  leaft  Three  Months  before  he  offers  to  give  his  h3b"ta"ni  6  Men 
Vote,  and  is  alfo  of  the  full  Age  of  Twenty  One  Years  :  And  that  hereafter  no  ^^  i^^ff  tf"^ 
Perlbn  (hall  be  deemed  qualified  or  admitted  to  fit  and  vote  in  the  General  Affem-  L^nd  3  Months 
bly,  unlefs  he  hath  been  One  full  Year  an  Inhabitant  of  this  Province,  and  pofifef-  ^fYe3„o"fAg".^ 
fed  of  a  Freehold,  within  the  Meaning  of  this  A61,  of  at  leall  One  Hundred  Acres  No  PerA-n  to  be 
of  Land,  in  the  County  where  he  Ihall  be  elcded  or  choftn,  and  is  alfo  of  the  full  ^'S/^'SfS 
Age  of  Twenty  One  Years,  at  the  Time  he  is  chofen.  herein  mention - 

VI.  AND  be  it  further  EnaSfed^  by  the  Authority  aforefaid.  That  after  the  Pub-  ah  ^Freeholders 
lication  of  Writs,  and  Ti«^  and  Place  for  Eledion  of  Burgefies,  as  aforefaid,  every  vote.'^^"'' 
Freeholder,  within  the  Intent  and  Meaning  of  this  Ad,  within  the  County  where 

the  Eleftion  is  to  be  made,  refpeclively,  may  appear  accordingly,  and  give  his 
Vote,  by  Ballot,  at  fuch  Eledion  :  And  if  any  Perfon  Ihall  give  his  Vote  at  any  ^„^,7jg^''„:;'^^:f! 
Eledion.who  is  not  a  Freeholder,  within  the  Meaning  ot  this  A»5t,  or  fhall  vote  holders,  or  th^fe 
twice  at  the  fame  Eleftion,  fuch  Perfon  ftiall  forteit  and  pay  the  Sum  of  Five  ^''^^  ^^^^  '*"*=■ 
Pounds,  Proclamation  Money,  to  him  or  them  that  will  inform  or  fue  for  the 
fame ;,  to  be  recovered,  with  Cofts  of  Suit,  in  any  Court  of  Record  in  this  Province, 
by  BiU,  Plaint,  or  Information,  or  A6tion  of  Debt,  wherein  no  Eiibign,  Protec- 
tion, Privilege,  or  Injundion,  liiall  be  allowed  or. 

VII.  A  N  B  be  it  further  EnaSfed,  by  the  Authority  aforsfaid^  That  where  any  J"-^p™£;*J; 
Suit  fliall  be  brought  againil:  any  Perfon  for  voting,  not  being  a  Freeholder,  the  lie  on  the  De* 
Onus  Probandi  fhall  lie  on  the  Defendant.  *"'"'''"'• 

VIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon  Candid.itesnott(j 
or  Perfons,  hereafter  to  be  eleded  to  fLrve  in  the  General  Allembiy  for  any  County  fo^'volelir'"^! 
or  Town  within  this  Province,  after  the  Teft,  orifiuing  or  ordering  of  the  Writ  ^y^^^^^'^l 
or  Writs  of  Election,  fl:iall  or  do,  by  himfelf  or  themfelves,  or  by  any  other  Ways  BurgU! 

or  Means,  in  his  or  their  Behalf,  or  at  his  or  their  Charge,  before  his  or  their 
Eledion  to  ferve  in  General  AfTembly  for  any  County  or  Town  within  this  Pro- 
vince, either  directly  or  indircftly,  give,  prefent,  or  allow,  to  any  Perfon  or  Per- 
fons having  Voice  or  Vote  in  fuch  Eledion,  any  Money,  Gift,  Reward,  or  Pre- 
fent, or  make  any  Promife  to  do  the  fame,  to  or  for  him  or  themfelves,  or  for 
any  fuch  Perfon  or  Perfons  in.  particular,  or  to  any  fuch  County  or  Town  in  Ge- 
neral, in  Order  to  be  eleded  to  ferve  in  the  General  Affembly  for  any  fuch  County 
or  Town  •,  and  that  all  and  ever  Perfon  or  Perfons  fo  offc  nding,  and  being  guilty 
herein,  after  Proof  thereof  made  to  the  Houfe,  fhall  be  dif  ibled  and  incapacitated, 
upon  fuch  Eledion,  to  ferve  in  the  General  AfTembly  for  fuch  County  or  Town, 
during  the  Continuance  of  that  AfTembly. 

IX.  ANT)  be  it  further  EnaSfed<,  That  if  at  any  Time  any  Candidate,  or  other  candidate  defi. 
Perfon  in  his  Behalf,  Ihal!  defire  a  Copy  of  the  Poll,  the  Sheriff  or  Lnder-Sheriff,  [h?Poii, ^sheriff 
who  Manages  the  Eledion,  as  foon  as  may  be,  fhall  caufe  a  fair  Copy  thereof  to  to  deliver  it. 
be  mad^,  and  fhall  deliver  it,  attefled  with  his  own  Hand,  unto  fuch  Candidate 

or  other  Perfon  as  Ihall  require  the  fame,  as  aforefaid. 

X.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Sheriff  ^^'H,  ,]^!t^^ 
of  any  County,  or  in  his  Abfence,  the  Under-Sheriff,  fhall  refufe  to  take  the  Poll,  ortoaa  accord' 
or  fhall  take  it  in  any  other -Manner  than  is  herein  direded,  or  fhall  refufe  or  neg-  '^oi^xiZ\ou' 
left  to  give  a  Copy  of  the  Poll,  as  aforefaid,  or  fhall  not  regularly,  and  in  Time, 

,  the  Writ  of  Ekftion,  or  fhall  make  a  falfe  Return  thereof,  every  fuch  Sheriff 

der-SheriiT,  as  aforefaid,  offending  herein,  or  in  any  of  thefe  Cafes  refpe(!^ively, 

"  I feit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  -,  one  Moiety 

Idefty,  his  Heirs  and  Succeffors,  for  and  towards  defraying  the  contingent 

Charg«s 


i8o 


A.  D 


LA  W  S    of    North-Carolina. 


'743-    Charges  of  this  Government,  and  the  other  Moiety  thereof  to  him  or  them  that 

■■V '  will  inform  and  fue  for  the  fame ;  to  be  recovered,  with  Cofts,  in  the  General 

Court  of  this  Province,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  whch 
no  EfToign,  Protedion,  Injundion,  Privilege,  or  Wager  of  Law,  fliall  be  allowed. 


XI.  ANDheri  further  Ena5led^  hy  the  Authority  aforefaid.  That  hereafter,  the 
Eledtion  in  the  feveral  Towns  in  this  Province  of  a  Burgefs,  to  fit  in  General  Af- 


Eleftions     for 
Towns   to  be  in 

of  Cu^tiesr"'''  fembly,  fhall  be  by  Ballot,  in  the  fame  Manner  as  is  direded  for  the  feveral  Coun- 
ties in  the  fame. 


RepeaUhgciaufe.  XII.  ANB  be  it  further  EnaBed,  That  all  and  every  other  Aft  and  A6ls,  and 
every  Claufe  and  Article  thereof,  heretofore  made,  fifiSfar  as  relate  to  the  Regu- 
lating Eledtions  of  Burgeffes  for  the  feveral  Counties  in  this  Provine,  or  the  Method 
of  taking  the  Poll  in  the  feveral  Towns  thereof,  for  a  Burgefs,  to  fit  and  vote  in 
General  Affenibly,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and 
Purpofes,  as  if  the  fame  had  never  been  made. 


Preamble,"' 


Perfons  to  be 
fummoued    ta 
five  in  a  Lift   of 
their  TithaWei. 


Conftable  to  jive 
in  a  Lift  of  thiife 
he  hath  warned. 


C  H  A  P.     IL 

An  A5i^  -for  obtaining  an  exaB  Lift  of  Taxabks^  and  for  the  effeSfual 
colleBing  as  'well  all  Arrears  of  Taxes,  as  all  other  Taxes,  for  the  fu- 
ture due  and  payable. 

L'TXTHEREASit  appears,  by  the  Lifts  of  Taxables  delivered  in  by  the 
YY  Shcrifs  and  other  Officers,  from  the  feveral  and  refpedtive  Counties  of 
this  Province,  as  well  as  by  many  Informations  by  the  faid  Officers,  and  other 
Inhabitants  of  this  Province,  that  a  full  and  compleat  Lift  has  never  yet  been  ob- 
tained, by  any  Laws  now  in  Force :  And  whereas  the  equal  Payment  of  Taxes 
is  of  great  Confequence :  Therefore, 

il.  W  E  pray  that  it  may  be  Enadled,  And  be  it  EnaEled,  by  his  Excellency  Ga- 
briel Johnfton,  Eff\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy^s 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  from  arid  after  the  paffing  of  this  Aft,  the  obtain- 
ing-of  fuch  Lift  Ihall  be  in  the  following  Manner,  any  Law,  Ufuage,  or  Cuftom, 
to  the  contrary,  notwithftanding  -,  that  is  to  fay.  That  the  Juftices  of  each  County 
Ihall,  at  the  next  Court  to  be  held  for  their  refpeftive  Counties  after  the  firft  Day 
of  May  next,  and  fo  Yearly,  ifiue  their  Warrant,  figned  by  the  Chairman,  di- 
refted  to  the  Conftable  in  each  and  every  Diftrift  in  the  refpeftive  Counties,  au- 
thorizing and  commanding  him  to  go  from  Houfe  to  Houfe,  in  his  Diftrift,  and 
fummon  the  Mafter  or  Miftrefs  of  every  Family,  or  the  Overfeer  of  every  Planta- 
tion, of  which  there  is  no  Mafter  or  Miftrefs,  within  his  Diftrift,  to  appear,  and 
they  are  hereby  required  to  appear,  before  the  then  next  Court  to  be  held  for  the 
County,  or  before  fome  Juftice  for  that  County,  preceeding  the  Time  of  holding 
the  then  next  Court,  and  there  to  give  in,  upon  Oath,  a  Lift,  in  Writing,  of  all 
the  Taxables  in  his  or  her  Family,  as  a  Mafter  or  Miftrefs,  or  under  his  Care,  as 
an  Overfeer ;  and  the  Conftable  fhall  likewife  give  in  a  Lift,  upon  Oath,  to  the 
faid  County  Court,  of  all  fuch  Perfons  fo  warned,  and  the  faid  Lift  ffiall  contain 
all  the  Mafters  and  MiftrelTes  of  Families,  and  Overfeers  of  Plantations,  within 
his  Diftrift. 


Conftable  neg-        HI.  A  N  B  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  cac! 
l^?n"^r^o^t  ftable  neglefting  to  fummon  the  Mafter,  Miftrefs,  or  Overfeer,  as  afor 
t^rn'  fuch  Lift,  ncglcftlng  to  retum  fuch  Lift,  as  is  herein  before  direfted,  fliall  forfeit 


ingtogivs 
in  his  Lift,  to 
forfeit  40  s.  and 
20  s.  for.  every 
Month's   Ncg- 


L  A  W  S    o/"    North-Carolina.  18.^ 

Forty  Shillings,    Proclamatioa  Money,    for  each  and  every  Negled  j    and  the  ^  ^-  ^743^^. 
Mailers,  Miftrefles,  or  Overleers,  being  fummoned,    and  negleding  to  appear  ^^  f'rfX^os 
and  give  in  a  Lift  of  their  Taxables  as  aforefaid,  on  or  before  the  laft  Day  of  u.x'ktr,  &c.  be. 
Court  hereby  appointed  for  that  Purpofe,  fhall  forfeit  Forty  Shillings,  Proclama-  i,"!,,^-'"'"""'^* 
tion  Money,  over  and  above  Twenty  Shillings,  like  Money,  for  every  Month  he  '    "  - 
or  ihe  Ihall  be  a  Delinquent,  after  the  laft  Day  of  the  Court,  as  aforefaid. 

IV.  AND  he  it  further  EnaHed,  That  every  Juftice  to  whom  any  fuch  Llil  ju^ices  to  return 
of  Taxables  ftiall  be  given,  purfuant  to  this  A6t,  fhall  return  the  fame  to  the  '"^^  Lifts  to  the 
Clerk,  on  or  before  the  Time  of  holding  the  Court  to  which  the  f«d  Lifts  are  of "5 1 
hereby  returnable ;  under  the  Penalty  of  Five  Pounds,  Proclamation  Money. 

V.  AND  he  it  further  Enact ed,  by  the  Authority  aforefaid^  That  all  the  Pe-  beTccoverJd'and 
nalties  of  this  Aft,  the  Recovery  and  Application  of  which  is  not  otherwife  di-  apti;.d. 
reded,  fhall  be  recovered,  in  any  Court  of  Record,    by  Aflion  of  Debt,  Bill, 

Plaint,  or  Information,  or  by  a  Warrant  before  one  or  Two  Juftices  of  the  Peace, 
according  as  the  fame  may  be  cognizable  ;  and  applied,  one  Half  to  the  Informer, 
and  the  other  Half  to  be  paid  to  the  Juftices,  for  the  Ufe  of  the  County  where 
the  fame  is  recovered. 

VI.  AND  to  the  End  that  all  Arrears  of  Taxes  may  be  colleded.  Be  it  En-  shcrifs  who  hath 
acted^  by  the  Authority  aforefaid^  That  every  prefent,  as  well  as  former  Sherifs,  "he  xaLs^  Vo 
of  each  and  every  County  in  this  Province,  who  hath  not  fully  collected  the  feveral  lI'e^rifs'Tn Tdot^ 
and  refpeftive  Taxes  which,  by  Law,  he  ought  to  have  collected  for  feveral  Yeai  s  thereof,  oa  wn. 
laft  paft,  fhall  make  a  true  and  exact  Lift  of  all  the  Perfons  within  his  County  °^  '*°'' 
from  whom  he  hath  received  any  Tax,  the  Number  of  Tythables,  and  the  Money 
received,  and  for  what  Year  particularly,"  and  make  Oath,  before  fome  Magiftrate 

of  the  County,  that  the  faid  Lift  or  Accompt  is  true  and  juft,  and  fhall  deliver 
the  fame  to  the  Sheriff  then  next  fucceeding  after  the  Ratification  of  this  Act,  on 
or  before  the  firft  Day  of  July  next,  under  the  Penalty  of  Forty  Pounds,  Procla- 
mation Money  ;  to  be  recovered,  by  Action  of  Debt,  Bill,  Plaint,  or  Informa- 
tion, in  the  General  Court  of  this  Province,  wherein  no  Eifoign,  Protection,  In- 
junction*, or  Wager  of  Law,  fhall  be  allowed  or  admitted  of,  by  the  Sheriff  to 
whom  fuch  Lift  is  to  be  delivered  \  or  in  Default  of  the  Sheriff  profecuting  the  ^ff"*'^j"ain''to 
fame  in  Two  Months  after  the  faid  firft  Day  of  July^  by  any  Perfon  who  will  fue  fue  for  it^n"two 
for  the  fame  :  One  Half  of  fuch  Forfeitures  to  be  to  fuch  Sheriff;  or  fuch  Perfon  JJeTpJ/fon  may] 
who  fues  for  the  fame,  and  the  other  Half  to  and  for  the  contingent  Charges  of 
the  County. 


VII.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid^  That  the  feveral  sheriff  tocoiieifs 

-  Arrears  of"      - 

till  Dec,  1, 


Sherifs,  in  their  feveral  Counties,  fhall  have  Power  to  collect  all  Arrears  of  Taxes,  Arrears  of  Taxes 


due  for  the  feveral  Years  laft  paft,  from   any  Perfons  v/hofoever,  immediately  af- 
ter pafTing  of  this  Act,  and  until  the  firft  Day  of  December  then  next  following  •, 
and  fliall  put  up  Notice,  from  Time  to  Time,  at  what  convenient  Place,  and  wheri 
they  will  attend,  for  fuch  Perfons  to  bring  their  Taxes  then  in  Arrear  and  due  -, 
and  on  P.efufal  or  Neglect  of  any  Perfon  or  Perfons  to  pay  the  fame,  at  the  Times  Perfons  negieit- 
and  Places  appointed,  the  faid  Sherifs,  and  every  of  them,  within  their  refpective  r"|- '"to'"mai!e  ^' 
Counties,  fhall  make  Diftrefs,  for  fuch  Levies  in  Arrear,  on  fuch  Perfon  or  Per-  Diftrefs ;  his  Fee 
fons  fo  refufing  or  neglecting,  at  any  Time  on  or  before  the  faid  firft  Day  of  De-  ^^'  ^^' 
ccmber  next ;  and  for  each  particular  Diftrefs,  each  Sheriff  fhall  be  feverally  allow- 
ed Two  Shillings  and  Eight  Pence,  Proclamation  Money,  to  be  paid  by  the  Party 
on  whom  fuch  Diftrefs  fhall  be  made. 

VIII.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  each  re- sh"ifF to  account 
"^fpeetive  Sheriff  fliall  accompt,  on  Oath,  for  fucli  Arrears  of  Taxes  as  he  fhall  re-  make  ^odD^ii 
'  ceiVfe,  with  fuch  Perfon  or  Perfons  as  by  the  Laws  of  this  Province  he  ought,  on 

Z  z  or 


1 82  LAWS    o/^    North-Carolina. 

A.  D.  1743.  Qj.  before  the  firft  Day  of"  January  next,  and  make  good  Deficiencies,  under  tfie 
""V  ^  Penalty  of  Fifty  Founds,  Proclamation  Money  •,  to  be  recovered,  in  the  General 
ofjoi.'  ^'  Court  of  this  Province,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  by  the 
Treafurer,  or  other  Perfon  to  whom  fuch  Sheriff  ought  to  have  accounted  and  paid 
the  fame  :  One  Half  to  fuch  Treafurer,  or  other  Perfon  to  whom  the  Money  arif- 
ing  by  fuch  Tax  was  payable  by  the  laid  Sheriff,  and  the  other  Plalf  to  be  applied j- 
by  the  faid.  Treafurer,  or  other  Perfon,  to  the  Ufe  fuch  Tax  was  intended, 

sheriff  not  oMig-  IX.  A  N  D  be  H  furthsr  Enabled,  by  the  Authority  aforefaid^  That  no  Sheriff 
sftoV>nr'  '''  ^^^1  t>e  obliged  to  account  for  any  Taxes,  for  the  future  due  and  colle6fed  by  him, 
with  any  Perfon  or  Perfons  to  whom,  by  Law,  he  is  accountable,  until  the  firft 
Day  of  June,  Yearly,  and  then  next  immediately  following  the  Time  of  his  At- 
tendance at  the  Warehoufes  in  his  County,  to  receive  fuch  Taxes  %  v/hen  he  Ihall 
accompt  with,  and  pay  to  the  Perfons  he  is  or  fha^  be  by  Law  required,  the  Taxes 
due  for  every  Tithable  in  his  County,  in  Manner  aforefaid. 

Sheriff  to  m;.kc  X.  A  N  D  for  the  Encouragement  of  Sherifs  to  do  their  Duty,  and  to  reimburfe 
rimet  hm  ''wo  "^"^^^^  i^i  Cafe  they  fhall  not  have  fully  colleded  the  feveral  Taxes  in  their  refpeftivc 
Years.  Countics  by  the  faid  firft  Day  of  June,  Yearly,  the  faid  Sherifs  refpecfively,  in 

their  feveral  Counties,  fhall  have  Power  to  make  Diflrefs  for  fuch  Taxes  as  fliall 
not  be  paid,  in  Manner  as  is  herein  before  directed,  from  tlie  Expiration  of  the 
Time  of  their  Attendance  at  the  Warehoufes,  for  and  during,  and  until  the  full 
End  and  Term  of  Two  Years,  then  next  following,  whether  their  Commifiion,  or 
Appointments  as  Sheriff,  fliall  be  determined  or  not,  or  for  a  fhorter  Time,  until 
they  have  received  the  Taxes  from  each  refpe6f:ive  Tithable  in  their  Counties  -,  and 
the  faid  Sheriff  fhall  receive  Six  per  Cent,  as  well  for  collefting  all  Arrears  of  Tax- 
es, as  all  other  Taxes,  for  the  future  due  and  payable  -,  any  Law,  Ufuage,  or 
Cuflom,  to  the  contrary,  notwithftanding, 

No^  .loubie  pif-  XI.  AND  be  it  further  EnaEied,  by  the  Authority  aforefaid.  That  for  the  future, 
no  double  Diflrefs  fhall  be  made,  for  Non-Payment  of  Taxes  j  any  Law,  Ufage, 
or  Cuftom,  to  the  contrary,  notwithflanding. 


trcfs  to  be  made. 


Repealing ciaiife.  XII.  A  N D  be  it  alfo  further  Ena^ed,  That  every  Claufe,  Matter,  or  Thing, 
contained  in  any  Aft  or  Afts  heretofore  made,  fo  far  as  relate  to  any  Matter  or 
Thing  herein  contained,  and  not  by  this  Adl  referred  to,  fhall  be  repealed,  and 
made  null  and  void,  to  all  Intents  and  Purpofes  whatfoever. 


CHAP.    in. 

An  AB,  to  impower  the  Jujiices  of  Beaufort  County,  to  build  Two  fubjia?i- 
tial  Warehoufes,  at  the  Places  hereafter  me^itioned,  in  the  faid  County, 
for  the  Vfe  and  Conveniency  of  the  Inhabitants  faying  their  'Taxes  and 
Levies. 

rr«mbk.  I.  TTT  H  E  R  E  AS  the  County  of  Beaufort  being  fo  large  and  extenfive,- 

VV    tJ'i^t  o'^e  Warehoufc  is  not  fufficient  nor  convenient  for  the  faid  County 
to  bring  their  Commodities  to,  in  Difcharge  of  Levies  and  Taxes  : 

Juft!c«  to  lay  a       U'  W  E  therefore  pray  that  it  may  be  Enadcd,  And  be  it  Enacted,  by  his  Ex- 

t:vy,  far  build-  cglkncy  Gabriel  Johnflon,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of 

his  Majefifs  Council,  and  General  Affembly  of  this  Province^  and  it  is  hereby  En' 

a^ed,  by  the  Authority  of  the  famSy  That  the  Juftices  ihall,  at  the  Second  Court 

to 


LAWS    ^'North-Carolina.,  183 


to  be  held  for  the  faid  County,  after  the  Ratification  of  this  Act,  lay  a  Levy  up-  ^  ^-   '"^j 
on  the   Inhabitants  of  the  faid  County,  not  exceeding  Six  i^ence.  Proclamation  .^^  't'^ware- 
Money,  per  Tithable,  for  defraying  the  building  or  hiring  Two  fubllantial  Ware-  houfcs. 
houfes,  at  the  feveral  Places  hereafter  mentioned,  within  the  County,  for  the  fafe 
keeping  of  all  Commodities  paid  in  Difcharge  of  Levies  and  Taxes  already  laid, 
and  hereafter  to  be  laid  :  And  in  Cafe  the  faid  Juftices  fliall  refufe  or  neglect  fo  to  if  they  negieft, 
do,  each  Juftice  fo  refufing  or  neglecting,  fliall  forfeit  and   pay  the  Sum  of  Five  ^°  ^°'^'"  ^  ^' 
Pounds,  Proclamation  Money  ;  to  be  recovered,  in  any  Court  of  Record  in  this 
Province,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  by  him  or  them  who 
will  fue  for  the  fame ;  to  be  applied,  one  Half  to  fuch  Profecutor,  and  the  other 
Half  towards  building  the  faid  Warehoufes :  One  of  which  Warehoufes  fhall  be 
built  at  Bath-Tcvon^  and  the  other  at  the  Red  Banks. 

III.  AND  whereas  the  prefent  Warehoufe  at  Core-Pointy  is  found  to  be  very  J^f'*^'^^'^^,  JJJ' 
inconvenient  to  the  Inhabitants  of  the  faid  County  ;  It  is  therefore  further  Enact-  ^^  core.Vow^.  ^ 
ed.  That  the  Jufbices  of  the  faid  County  of  Beaufort  fhall,  and  they  are  hereby 
impowered,  to  take,  fell,  or  carry  away,   all  or  any  Part  of  the  faid  Warehoufe, 

and  apply  the  fame  to  the  Ufe  of  building  the  -afore-mentioned  Warehoufes,   at 
Bath-^own,  and  the  Red  Banks. 

IV.  ANT)  be  it  further  Enacted^  by  the  Aithority  aforefaid,*That  the  ln{pec-  infpeaoK  toat. 
tors  already  appointed  by  the  Court,  or  who  fhall  hereafter  be  appointed,  fhall  warehoufes! 
attend  at  the  faid  Warehoufes,  and  no  otlier  Places  ;  and  be  under  the  fame  Re- 
ftrictions  as  is  directed  by  an  Act,  intituled,  An  Jet,  for  granting  an  Aid  to  his 

Majefiy.,  and  other  Purpofes  therein  mentioned. 


CHAP.     IV. 

An  AB,  to  afcertatn  what  Attornies  Fees  Jfjall  be  faxed  and  allowed^  in 
any  Suit  or  ABion^  brought  in  any  of  the  Courts  of  Record  in  this 
Province. 

I.  TTTHEREAS  there  is  no  Fee,  by  Law,  allowed  to  be  taxed  in  any  Bill  Preamble, 

V V     of  Colls,  fufEcient  to  compenfate  any  Attorney  for  his  Trouble,  for 
profecuting  or  defending  any  Suit  or  Caufe,  in  any  of  the  Courts  of  this  Province : 

IL  B  E  it  therefore  Enatted,  hy  his  Excellency  Gabriel  Johnfton,  Efq ;  Governor^  Attornies  Fees. 
hy  and  with  the  Advice  and  Confent  of  his  Mojcflfs  Council.,  and  General  Affembly 
of  this  Province.,  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratifi- 
cation of  this  Aft,  the  feveral  and  refpective  Attornies  Fees  herein  after  mentioned, 
fhall  be  taxed  and  allowed  in  the  Courts  following ;  that  is  to  fay.  In  the  General 
Court,  on  any  Aftion  brought,  or  Suit  commenced  there,  or  by  Petition,  Thirty 
Shillings,  Proclamation  Money  :  In  the  County  Courts,  on  any  Action  brought, 
or  Suit  commenced  there,  or  by  Petition,  Fifteen  Shillings,  Proclamation  Money. 

III.  A  N  D  to  the  End  that  fuch  Fees  be  received  and  paid  to  whom  the  fame  cierk  to  infert 
fhall  be  due.  Be  it  Enacted^  by  the  Authority  aforefaid.  That  upon  Difmiflion  of  Jj^ilmof^cofts! 
any  Suit,  Verdict  for  the  Plaintiff  or  Defendant,  or  that  the  Plaintiff  fhall  become 
Non-Suit,  or  the  Suit  otherwife  difcontinued,  the  Clerk  of  each  and  every  of  the 
faid  feveral  and  refpective  Courts,  fhall  infcrt  an  Attorney's  Fee  in  the  Bill  of 
Cofts  taxed  in  the  faid  Caufe,  and  fhall  caufe  the  fame  to  be  levied  as  other  Fees, 
and  paid  to  the  Parties  who  have  a  Right  to  receive  the  fame, 

^  IV.  PRO' 


i84  Z/yf/^.So/'NoRTH-CAROLINA. 


A.  D.     174? 

^-^— V ^       IV.  P RO  V ID  E D  always^  That  the  Fees  above  mentioned,  for  Suits  com- 

braii'' J!/"on°  menced,  as  aforefaid,  in  the  County  Courts,  fhall  not  be  allowed  or  taxed  on  Ap- 
Apptais.  peals,  brought  from  any  Juftice  or  Juftices,  in  the  faid  Courts,  on  the  Law  for 

Tryal  of  fmall  and  Mean  Caufes. 

V.  AND  be  it  further  EnaSied^  hy  the  Authority  aforefaid^  That  if  any  prac- 
It a"ng 'their  Dul  tifing  Attomty  in  any  Court  of  Record  in  this  Province,  fhall  neglect  to  perform 
«y,  or  commuting  j^jg  j^yty  inany  Action  in  which  he  fhall  be  retained,  or  commit  any  fraudulent 
ticcs,  liable  to  Practice,  fuch  Attorney  (hall  be  liable  to  an  Action  on  the  Cafe,  at  Common  Law, 
duubie  Dimages,  j^^  ^^^  General  or  County  Court  of  this  Province,  to  the  Party  injured  ;  and  on 
the  Verdict  palTmg  againfl  him.  Judgment  fhall  be  given,  by  the  faid  Court,  for 
fhe  Plaintiff,  to  recover  double  Damages,  with  Cofls  of  Suit. 


Pxeamok. 


CHAP.    V. 

An  ABy  for  providing  proper  Magazifies  of  Ammunition  in  the  feveral 
Counties  of  this  Province,  and  for  defraying  the  Charge  thereof. 

OBS. 


-     C  H  A  P.    VI. 

An  ABy  for  maMng  and  clearing  a  Highway  from  Edenton,  into  fhe 
Road  leading  over  Mr,  Plofkins'j  Mill-Dam^  towards  Pequimons 
Court-houfe^  and  for  ereBing  Bridges  in  fuch  Road,  and  alfo  another^ 
Gate  at  Edenton, 

I.  TT  7  H  E  R  E  A  S  for  want  of  a  convenient  Road  from  Edenton^  to  the  faid 
\y     Court-houfe,  and  the  lower  Counties,  Perfons  travelling  to  and  from 
the  fame,  are  put  to  great  Difficulty  :  For  Remedy  whereof. 

Jury  toJay  nnt  a  it,  W  E  pray  It  may  be  Enaded,  And  he  it  Enacted^  hy  his  Excellency  Gabriel 
fr'^to'^ffii"!  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Mcjejlfs 
Mill,  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 

Authority  of  the  fame.  That  a  Road,  leading  irom  Edenton,  to  Mr.  William  Hof- 
bm's  Mill  Dam,  be  laid  out,  from  the  fecond  Crofs-Strcet  above  Mr.  Gale's, 
in  the  mofl  convenient  Manner  that  may  be,  for  the  Ufe  of  the  Inhabitants  below 
the  faid  Town,  and  with  as  little  Injury  as  may  be  to  any  private  Perfon's  Pro- 
perty, by  a  Jury  of  the  following  Perfons,  upon  Oath,  viz.  fhomas  Peirce,  Jacob 
Butler,  Jofeph  Mmg,  Nathaniel  M^ng,  fVilliam  Benbury,  John  Halfay,  John  Ben- 
bury,  John  Blount,  John  Fail,  John  Hull,  John  Harlow,  John  Taylor,  PFilliam 
HoJkins,  Luke  Gregory,  William  Lewice,  William  Luten,  Orlando  Champion,  and 
George  Lyfl:,  or  any  Twelve  of  them ;  which  Road,  when  laid  out,  made,  and 
cleared,  fliall  and  is  hereby  declared  to  be  a  Public  Road,  and  to  be  maintained 
by  the  Company  that  now  work  on  the  Road  that  leads  from  the  Town  Gate,  to 
the  aforefaid  Mill  Dam. 

perfeni   injurea       IH.  J  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  the  faid 
Sk'pSr^""^  Road  fhould  be  carried  through  the  Lands  of  any  Perfon  or  Perfons,  to  their  Pre- 
judice or  Injury,  that  then,  and  in  fuch  Cafe,  it  fhall  and  may  be  lawful  for  the 
aforefaid  Jury,  to  aflefs  the  Damages  done  fuch  Perfon  or  Perfons,  and  an  Ac- 
count 


L  A  W  S    of    N  OR  T  h-Car  o  L  I  N  A.  185 

-^  ■■  '     -  -         ■  ■  ■■    ' "     '    '  —  ■■■-■■  ■  „ 

count  of  the  fame  to  return  to  the  next  fucceeding  County  Court,  which  fhall  be    ^-  ^-   ''+^- 
held  for  the  County  of  Chowan.,  after  fuch  Aflellment ;  and  the  Juftices  of  the  faid  ^^'^'^"^ 
County  Court  are  hereby  impowered  and  diredted,  to  lay  a  Levy  on  all  the  tax-  xwrf"  "pajing 
able  Perfons  in  the  County  aforefaid,  fufficient  to  fatisfy  and  pay  fuch  Damao-e  or  '^"''^  ''^'""^s^- 
Damages  fo  aflefled,  as  alfo  for  building  a  Bridge  or  Bridges,  and  ereding  a  Gate 
on  the  Line  between  the  faid  Town  and  County  :  Which  Levy  the  Sheriff"  of  the  sheriff  to  coiica 
faid  County  is  hereby  diredled  and  required  to  colled,  agreable  to  the  Dire6tions  '5'i.°"d^duaiLg^ 
of  the  Juftices  of  the  faid  County  Court,  under  the  Penalty  of  Five  Pounds,  Pro-  sp'rCcnt. 
clamation  Money  •,  and  when  coUefted,  to  account,  upon  Oath,  and  pay  the  fame 
to  the  aforefaid  Juftices,  for  the  Purpofc  aforefaid,  firft  deducting  Five ^^r  Q«/. 
for  his  Trouble,  in  coUedting  the  fame. 

IV.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  if  any  Sur-  ^^  '"^  Surpiu!. 
plus  fliall  remain,  after  paying  the  faid  Damages,  and  defraying  the  faid  Charges  l°htr  Ss!''  '* 
of  building  the  faid  Bridge  or  Bridges,  and  Gate,  the  fame  fhall  be  applied  by  the 

Juftices,  in  the  fame  Manner  as  other  County  Taxes  are  applied. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Juftices  w o-kmen  to  be 
aforefaid,  are  hereby  impowered  to  contract  and  agree  with  able  and  fkilful  Work-  f™ luUding  gJc 
men,  to  build  a  Bridge  or  Bridges,  where  ever  it  may  be  found  necefiary,  over  ^"^  ^ndges. 
any  Branches  or  Creeks  in  the  faid  Road,  as  alfo  to  eredt  a  Gate  on  the  faid  Road, 

on  the  Line  between  the  Town  and  County  ;  and  any  Perfon  or  Perfons  by  them 
employed,  fhall  have  Liberty  to  cut  down  any  Timber  Trees,  on  any  of  the  ad- 
jacent Lands,  for  the  Ufe  of  building  the  faid  Bridge  or  Bridges,  and  for  ereding 
the  faid  Gate. 

VL  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  prefent  Old  Road  ftopb 
Read,  leading  from  the  Town  Gate,  to  Hojkins'%  Mill  Dam,  be,  and  is  hereby 
ftopt  up,  and  all  Perfons  are  hereby  exempt  from  working  on  the  fame. 


CHAP.     VII. 

An  A5i,  for  ereSiing  a  Court-houfe,  Prifon,  and  Stocks,  in  Bertie  Coun^ 
ty,  and  for  laying  fl  Tax  upon  the  Inhabitants  of  the  faid  County  for 
defraying  the  Charge  thereof 

I-  AXT"  H  E  R  E  A  S  great  Difputes  have  arlfen  in  the  County  of  Bertie,  con-  Preamble, 

V  V  cerning  the  Place  whereon  the  Court-houfe,  Prifon,  and  Stocks,  fhould 
be  ereded,  in  the  faid  County  ;  by  Reafon  whereof,  they  have  not  hitherto  been 
built:  Therefore,  to  afcertain  the  Place  whereon  the  fame  fhall  be  built,  and  to 
prevent  Delays  for  the  future, 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  EnaHed,  by  his  Excellency  Ga-  Court-houfe.&c. 
briel  Johnfton,  £/^;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs  ^^"=^°''«'»»i''' 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  Court-houfe,  Prifon,  and  Stocks,  oi  Bertie  Coun- 
ty, fhall  be  built  between  Cujhy  Bridge,  and  IVills's  garter  Bridge,  in  the  faid 
County,  and  that  all  Courts  ftiall  be  there  held  for  the  faid  County,  after  the-fame 
fhall  be  built ;  any  Law,  Cuftom,  Ufage,  or  Order  of  Court,  to  the  contrary. 


notwithftanding. 


III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juftices  M^ 
of  the  faid  County,  or  a  Majority  of  them,  are  hereby  impowered  and  required. 


ices   to  p«T« 
:h3fe  Land  to 


A  a  a  at 


1 86  LAWS    o/'    North-Carolina. 

A.  D.  1743.    at  the  next  Court  that  fhall  be  held  for  the  faid  County,  after  the  paffing  of  this 

* sT ^  Ad:,  to  purchafe,  of  the  Owner,  One  Acre  of  Land,  in  Fee-Simple,  between 

hoilfe,' &c^°on!'  the  faid  Bridges,  for  the  Ufe  of  the  Public,  whereon  to  build  the  faid  Court-houfe, 
Prifon,  and  Stocks ;  and  (hall  alfo  contract  with,  or  impower  other  Perfons,  as 
they  Ihall  think  proper,  to  contract  with  and  employ  Workmen,  for  building  and 
erecting  the  fame  thereon. 

tw  hid  for  the       IV.  A  N  D  for  defraying  the  Expences  thereof,  Be  it  further  Enacted,  hy  the 

^'"^^*  Authority  aforefaid^  That  the  faid  Juftices,  or  a  Majority  of  them,  are  hereby  im- 

powered  and  required,  to  lay  a  Tax  on  the  Inhabitants  of  the  faid  County,  not 

exceeding  Two  Shillings  and  Six  Pence,  Proclamation  Moneys  for  One  Year,  per 

Tithabk,  for  the  Purpofes  aforefaid*    . 

Sheriff  tocbiieft  V.  AND  bs  it  further  Ena£}ed,  by  the  Authority  aforefaid.  That  the  Sheriff  of 
iejuftiLT.'""  the  faid  County  oi  Bertie,  fhall,  and  he  is  hereby  required,  to  colled  the  afOrefaid 
Tax,  at  the  Time,  and  in  the  Manner  that  the  Public  Taxes  are  by  Law  to  be 
colle6led,  and  pay  the  fame  to  the  Juftices  of  the  faid  Court,  to  be  by  them  ap- 
plied to  paying  the  Workmen  for  building  the  faid  Court-houfe,  Prifon,  and 
Stocks  ;  and  alfo,  to  pay  the  Confideration  Money  for  the  One  Acre  of  Land, 
herein  before  direded  to  be  by  them,  the  faid  Juftices,  purchafed. 

yormerContrafli       VI.  A  N D  be  it  further  Enacted,  by  the  Authouty  afrefaid.  That  a\\  and  every 

We  \?°"  nl  Contradt  or  Contrads  heretofore  made,  by  Virtue  of  any  Order  of  the  Juftices  of 

aoikd.     '        the  Court  of  Bertie,  concerning  the  Ereding  a  Court-houfe,  Prifon,  and  Stocks, 

at  or  near  Stony  Creek,  is  and  are  hereby  annulled  and  made  void  ;  and  all  Perfons 

concerned  therein,  ihall  and  are  hereby  difcharged  from  performing  the  fame,  or 

any  Part  thereof. 

Materiaiscoiieft-  vil.  PROVIDED  HevertheUfs,  That  If  any  Perfon,  by  Virtue  of  any  Agree- 
aid  paid  for!"^'*'  mcnt  with  the  faid  Juftices  heretofore  made,  hath  colleded  any  Materials,  or  done 
any  Work  towards  the  building  of  a  Court-houfe,  Prifon,  and  Stocks,  at  or  near 
Stony  Creek,  the  faid  Materials  or  Work  fo  done,  fhall  be  valued  by  Two  Free- 
holders of  the  faid  County,  one  to  be  chofen  by  the  faid  Juftices,  and  the  other 
by  the  Party  coUeding  fuch  Materials,  or  doing  fuch  Work ;  and  the  Money 
fuch  Materials  or  Work  fhall  be  valued  at,  fhall  be  paid,  out  of  the  Tax  to  be 
raifed  by  Virtue  of  this  Ad. 

Money  «irM3y        VIIL  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  in  Cafe 

J'ldfhe'juftice'^'  any  Money  has  been  colleded  by  the  Sheriff  of  the  faid  County,  from  any  Perfon 

»iid  the  Perf  rts  or  Perfons,  in  Confequence  of  any  Order  of  Court  heretofore  made,  the  fame  fhall 

ftr  il!'''  ^''^''  be  paid,  by  the  Sheriff  who  colleded  the  fame,  to  the  Juftices  of  Bertie  County 

aforefaid,  for  and  towards  defraying  the  Expence  of  building  the  faid  Court-houfe, 

Prifon,  and  Stocks  •,  and  any  Perfon  or  Perfons  who  has  already  paid  any  Money 

to  the  Sheriff,  in  Confequence  of  any  Order  of  Court,  made  as  aforefaid,  fhall  be 

allowed  the  fame,  in  Difcount  of  any  Tax  he  fliall  be  liable  to  by  Virtue  of  this 

Ad  i  any  thing  herein  contained  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Prefident 

Samuel  Swann,  Speaker, 


Anno 


LAWS    of    North-Carolina. 


187 


A.  D.    1745. 


Anno  Regni 

G  E  O  R  G  I  I   IL 

Regis,    Magn^e  Britanni(e,  Francis,  &: 
Hibernia,  Decimo  Nono. 


At    a  General   ASSEMBLY,    held    at   Nefwhern^    the  gabri.c 
Twentieth  Day  of  ^/vV,  in   the  Yoar  of  our  Lord  One  e^is  G«v«noJ, 
Thoufand    Seven  Hundred   and  Forty  Five. 


CHAP.     L 

An  ASfi  for  laying  a  tax  for  fmking  the  now  current  Bilk  of  Credit, 


Rep.     by    Aft. 

April    6,    174S. 
Chap,   10, 


CHAP.    II. 

An  additional  A6i  to  an  AB^  intituled.  An  Ad,  for  appointing  Sherifs 
in  the  Room  of  Marflials  of  this  Province,  for  prefcribing  the  Me- 
thod of  appointing  them,  and  limiting  the  Time  of  their  Continu- 
ance in  Office,  and  directing  their  Duty  therein  j  and  for  abohfhing 
the  Office  of  Provoft-Marfhal  of  this  Province  j  and  for  altering  the 
Names  of  the  Precinds  into  Counties. 


TT  THERE  AS  the  Sherifs  appointed  and  cornmiflionated,  are,  by  the  P"-"inH« 


1.    _, 

fdid  A(5V,  impowered  to  continue  in  their  Office  but  Two  Years,  and 
the  County  Courts  were  thereby  direded,  at  the  firft  Court  that  fhould  be  held  in 
each  and  every  County,  next  after  the  Ratification  of  the  faid  Adl,  and  fo  fuccef- 
fively  at  the  faid  Courts  every  Two  Years,  to  recommend  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being.  Three  fuch  Perfons,  being  Juftices  in 
the  fame  County  Court,  as  they  fhould  think  fit  and  able,  to  execute  the  Office 
of  Sheriff  for  their  refpedive  Counties,  for  the  Two  then  next  fucceeding  Years  ; 
by  Means  whereof,  it  frequently  happens  in  fcveral  of  the  Counties  in  this  Province, 

that 


A.  D.    1745. 


LA  W  S    of    North -Carolina. 

that  the  Power  of  the  Sherifs  expires  before  the  Sitting  of  the  Courts  which  are  to 
recommend  to  the  Governor  other  Perfons  to  be  appointed  in  their  Room,  where- 
by the  faid  Office  often  becomes  vacant,  to  the  great  Detriment  of  the  Public : 


pointed  Sheriff. 


Who  is  to  aft  til 
another  be  ap- 
pointed. 


juftices  to  re.  H,  BE  U  therefore  Enacted^  by  his  Excellency  Gabriel  Johnfton,  Efq\  Governor, 
commend  three  ^y  and  With  the  AdvicB  and  Coufent  of  his  Mcijcfij's  Council,  and  General  Affembly 
Governorrone'of  of  tUs  Provincc,  and  jt  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That  the 
which  to'  be  ap-  Jijftices  of  every  refpeflive  County  Ihall,  at  the  County  Court  next  before  the 
Expiration  of  the  Sheriff's  Commiffion,  or  Time  of  ferving  in  his  Office,  recom- 
mend Three  Perfons  to  the  Governor,  in  Order  for  his  appointing  one  of  them  to 
execute  that  Office,  according  to  the  DireftiOns  of  the  faid  recited  A6t ;  and  that 
each  refpedtive  Sheriff  of  every  County  within  this  Province,  now  or  hereafter  to 
be  commilBonated,  fhall  hold  and  enjoy  his  Office  'til  fuch  Time  as  the  fucceed- 
ing  Sheriff  fliall  be  duly  comgfiiflioned  and  qualified ;  and  that  all  Proctfs  fcrved 
and  executed  by  him  during  that  Time,  ffiall  be  valid  in  Law,  and  deemed  duly 
executed :  Any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

iri.  AND  whereas  by  the  faid  A6t,  the  Courts  of  the  feveral  Counties  are  con- 
fined to  recommend  only  Perfons  who  are  Juftices,  to  be  appointed  Sherifs,  and 
they  often  chufing  to  pay  their  Fines  rather  than  adt  iH  the  faid  Office,  it  is  very 
difficult,  in  feveral  Counties,  to  get  any  Perfon  fo  recommended  that  will  accept 
the  faid  Office  •,  Be  it  therefore  Enacted,  That  the  Juftices  of  every  County,  at 
the  Times  they  arc  by  Law  impowered  to  recommend  Perfons  to  be  appointed 
Sherifs,  Ihall  not  be  obliged  to  recommend  fuch  Perfons  who  are  Juftices  only  in 
the  County,  but  may  recommend  any  other  Perfons  refident  in  their  County,  (ex- 
cept the  Members  of  his  Majefty's  Council,  and  Members  of  the  General  AlTem- 
bly,  during  the  Time  they  are  fuch,)  whom  they  fhall  think  well  qualified  for  the 
faid  Office-,  and  any  fuch  Perfon  fo  recommended,  may  be  commifTionated,  by 
the  Governor  or  Commander  in  Chief  for  the  Time  being,  to  ad  as  Sheriff  of  the 
County  for  which  he  is  recommended ;  any  Thing  in  the  faid  Aft,  or  any  other 
A6t,  contained  to  the  contrary,  notwithftanding. 


What  Perfons 
Juftices  may  re- 
commend. 


Sheriff  to    vvtiat 
Penalties  liable. 


IV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Per- 
fon hereafter  nominated  or  commiflloned  Sheriff,  by  Virtue  of  this  ^  d,  Ihall  be 
under  the  fame  Rcftridlions,  and  liable  to  the  fame  Penalties,  for  refufing  to  adt 
in  the  faid  Office,  or  for  any  Negled  of  his  Duty  therein,  as  if  he  had  been  re- 
commended and  commiffioned  according  to  the  Diredlions  of  the  before  recited 
Ad. 


CHAP.     III. 

An  additional  A5i  fo  an  AB,  intituled.  An  Ad,  to  prevent  killing  Deer 
at  unfeafonable  Times,  and  for  putting  a  Stop  to  many  Abufes  com- 
mitted by  vi^hite  Perfons,  under  Pretence  of  hunting. 

vreambie,  I.  T  T  T  H  E  R  E  A  S  by  thc  before-recited  Adir,  it  is,  among  other  Things," 

VV  Enadted,  That  it  fhall  not  be  lawful  for  any  Perfon  to  kill  or'  deftroy 
any  Deer,  running  wild  in  the  Woods  or  unfenced  Grounds  in  this  Government, 
by  Guns,  or  any  othef  Ways  or  Means  whatfoevcr,  between  the  Fifteenth  Day  of 
February,  and  the  Fifteenth  Day  of  July,  Yearly,  and  in  each  Year,  after  the  Ra- 
tification of  the  faid  Adt ;  and  that  any  Perfon  convidfed  of  the  fame,  ffiall  for- 
feit and  pay  the  Sum  of  Five  Pounds,  current  Money :  And  whereas  it  appears, 
that  the  allowing  Liberty  of  killing  Deer  in  fenced  Grounds  and  Inclofures  at  fuch 
Seafons,  has  given  Room  to  feveral  Perfons  to  evade  the  faid  Law : 

'  11.  W  E 


LAWS    o/'    North -Carolina.  189 

A.  D.    174;. 

II.  W E  therefore  pray  that  it  may  be  Enaded,  y^nd  be  it  Enacted^  by  his  Ex-  ^^„l'^J„\^^, 
telkncy  Gabriel  Johnfton,  Efq ;  Governcr,  by  and  with  the  Advice  and  Ccnfent  of  f..ns  killing  D^er 
bis  Maj^y*s  Council^  and  General  JJfembly  of  this  Province f  and  it  is  hereby  En-  ^^^"'^  **  ^^ 
a^led^  by  the  Authority  of  the  fame^  That  if  any   Perfon  Ihall  be  convided  of 

kiUing  Deer,  or  having  Venifon,  or  a  green  Deer-fkin  or  SkinSj  in  his  Houfe, 
Camp,  or  Poflcfljon,  between  the  Fifteenth  Day  of  February ,  and  Fifteenth  Day 
of  July,  yearly,  after  the  Ratification  of  this  Adl,  he  Ihall  forfeit  and  pay  the  Sum 
of  Forty  Shillings,  Proclamation  Money  j  to  be  recovered  and  applied  as  herein 
after  is  directed. 

III.  P ROVtDED  never thetefsy  That  nothing  in  this  Ad fhall  be  conftrued,  Provifo. 
to  extend  to  convid  any  Perfon  or  Perfons  of  the  fiid  Forfeiture,  in  whofe  Houfe 

any  Venifon,  green  Skin  or  Skins,  (hall  be  found,  which  hath  been  left  in  fuch 
Houfe  without  the  Knowledge,  Privity,  or  Confcnt  of  fuch  Perfon,  or  any  of  his 
Family,  upon  due  Proof  thereof  to  be  made,  by  the  Perfon  therewith  charged. 

IV.  AND  forafmuch  as  there  are  great  Numbers  of  idle  and  diforderly  Per- 
fons, who  have  no  fettled  Habitation,  nor  vifible  Method  of  fupporting  therh- 
felves,  by  Induftry  or  honeft  Calling,  many  of  whom  come  in  from  neighbour- 
ing Colonies,  without  proper  PafTes,  and  kill  Deer  at  all  Seafons  of  the  Year,  and 
often  leave  the  Carcafles  in  the  Woods,  and  alfo  fleal  and  deftroy  Cattle,  and  car- 
ry away  Horfes,  and  commit  other  Enormities,  to  the  great  Prejudice  of  the  In- 
habitants of  this  Province  -,  Be  it  therefore  Enabled,  by  the  Authority  aforefaid,  Ptrfms  mt  p-r- 
That  every  Perfon  who  fhall  hunt  and  kill  Deer  in  the  King's  Waft  within  this  SSalo^J^tt 
Province,  and  who  is  not  polTeired  of  a  fettled  Habitation  in  the  fame,  fliall  be  o-  allowed  to'  hunt 
bliged  to  produce  a  Certificate,  when  required,  of  his  having  planted  and  tended  Tng  a"certifi«t« 
Five  Thoufand  Corn-hills,  at  Five  Feet  Diftance  each  Hill,  the  preceeding  Year,  "^  ^'^   \i-^^n% 
or  Seafon,  in  the  County  where  he  fhall  hunt,  under  the  Hands  of  at  leaft  Two  corn  hiiil!"^ 
Juftices  of  the  Peace  of  the  faid  County,'  and  the  Hand  of  at  leaft  one  of  the  Church- 
wardens of  the  Parilh  where  fuch  Perfon  planted  and  tended  fuch  Corn,  as  aforefaid. 

V.  AND  be  it  further  Enact ed.  That  if  any  fuch  Perfon  as  aforefaid,  is  found  Such    Perfon 
hunting,  and  does  not  produce  fuch  Certificate  as  aforefaid,  when  required,  he  Lr'liot''"p"*du' 
Ihall  forfeit  his  Gun,  and  Five  Pounds,  Proclamation  Money,  for  every  fuch  Of-  ='"e  ^'"^  certi- 
fence  j  to  be  recovered  and  applied  as  herein  after  direfted.  J.  Gun°  &  V»« 

VI.  AND  whereas  many  idle  Perfons,  who  fpend  their  chief  Time  in  hunting 
Deer,  leave  the  Carcaffes  in  the  V/oods,  by  which  Means  Wolves,  Bears,  and 
Other  Vermin,  are  raifed  and  fupported,  which  deftroy  the  Stocks  of  the  inhabi- 
tants of  this  Province-,  Be  it  therefore  further  Ena£fed,  by  the  Authority  aforefaid,  Perfons  not  ta 
That  every  Perfon  who  hunts  Deer,  and  leaves  the  Carcafs  or  Carcaffes  in  the  i;"  Woo",f'iS 
Woods,  undeftroyed,  fhall,  for  every  Offence,  forfeit  and  pay  Forty  Shillings,  Pen.  of  40  s. 
Proclamation  Money.  , 

VII.  A  N D  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  all  Fines  and  Fines  how  to  h« 
Forfeitures   mentioned  in  this  Adt,  fhall  be  paid,  the  One  Half  to  the  Informer,  ^'"'jl'^j'"**  '^ 
the  other  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifh  wherein  fuch  Of-  *^^ "  ' 
fence  (hall  be  comiTiitted  ;  to  be  recovered,  with  Cofts,  by  a  Warrant  from  any 

Juftice  ot  the  Peace  within  this  Government ;  faving  to  all  free  Perfons  the  Right  Right  of  Appt»J» 
of  Appeal  to  the  County  Court  where  fuch  Offence  is  committed  :  Which  faid 
Court  is  hereby  impowered  and  directed,  in  a  fummary  Way,  finally  to  determine 
the  fame ;  wherein  no  EfToign,  Protedion,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of.  •"    " ' 

B  b  b  CHAP. 


190 


LAWS    of    North-Carolina. 


ji.  D.  1745. 

'^ — >^ — '  CHAP.    IV. 

jin  AB,  to  repeat  an  A5i  paffed  at  Wilmington,  in  the.  Tear  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Forty  One^  intituled^  An  Ad,  to' 
cftablifh  Ports,  or  Places  -of  Delivery  of  Merchandizes,  imported  in, 
and  exported  out  of  this  Province,  and  to  prevent  the  clandeftin* 
funning  of  unaccuftomed  Goods  in  the  feveral  Ports  thereof, 

P/eamWe.  I.  TTTHEREASit  is  found  very  inconvenient  and  injurious  to  Trader* 

Yy  and  Veflels  arriving  at  the  feveral  Ports  and  Places  in  the  faid  Ad  men- 
tioned, and  there  being  obliged  to  unlade  and  continue,  whereby  great  Damages, 
Loffes,  and  Delays  have  accrued,  and  much  of  the  Trade  of  this  Province,  which 
heretofore  ufed  to  be  carried  on  by  Water,  has  of  late  been  diverted,  and  carried 
on  by  Land  to  Virginia  :  For  Remedy  whereof, 

Aa  repealed.  11.  W  E  pray  it  may  be  Enaded,  Jnd  be  it  Enacted,  by  his  Excellency  Gabriel 

Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefifs 
Council,  and  General  Ajfembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  faid  Ad  be,  and  is  hereby  repealed,  to  all  In- 
tents and  Purpofes,  as  if  tlie  fame  had  never  been  made. 

^ot  to  extend  t(j      III,  PROVIDED  never  thelefs,  That  nothing  in  this  Ad  fhall  be  deemed  or 
«mmenc8d'r"'^  taken,  to  extend  to  any  Law-Suit  already  commenced  and  depending,  upon  the 
Breach  of  the  faid  Law. 


CHAP.    V. 

An  ASf,  for  tmpoiioerlng  the  feveral  Commijioners  herein  after  named,  t9 

make,  mend,  and  repair  all  Roads,  Bridges,  CutSj  and  Water-Courfes, 

already  laid  out,  or  hereafter  to  be  laid  out^  in  the  feveral  Counties  and 

DtJlriBs  herein  after  appointed,  in  fuch  Manner  as  they  judge  moji  ufe* 

ful  to  the  Public. 

Commiffioners  "^  !•  T  T  7*  E  pray  that  it  may  be  Enaded,  And  be  it  Enabled,  by  his  Excellency 

Kr'cm'tie!        W    Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent 

spp.intcd.  of  his  Maje^-'s  Council,  and  General  Ajfembly  of  this  Province,  and  it  is  hereby 

For  Nnu.Hano-  Enaded,  by  the  Authority  of  the  fame.  That  the  County  of  New-  Hanover  be  di- 

*#r  Count;..        ^jj^g^  .j^^^  ^j^^  p.^^  following  Diftrids  ;  and  that  the  Hon.  Roger  Moor,  Efq-,  the 

Honourable  William  Forbes,  Ffq-,  Mr.  George  Moor,  Mr,  William  Dry,  and  Mr. 

John  Daniel,  be  CommiiTioners  of  the  Roads  for  the  Soutlnvefi  Diftrid  of  the  faid 

County;  bounded  on  the  North,  by  Old  Town  Creek,  to  the  Head  thereof-,  from 

thence,  by  a  Line  to  Wagamaw  Lake  ;  from  thence,  down  the  Wagamaw  River, 

to  the  Boundary  Line,  including  all  the  Inhabitants  on  the  Neck  between  the  afore- 

faid  Boundary,  the  Sea,  and  Cape-Fear  River  ;  and  likewife  the  Inhabitants  on  the 

Weft  Side  of  the  faid  River :  And  that  the  Honourable  Matthew  Rowan,  Efq-, 

Mr.  John  Davis,  Mr.  William  Waters,  and  Mr.  John  Mufgrove,  be  CommiflTion- 

crs  of  the  Roads  for  the  Northwefi  Diftrid  of  the  faid  County ;  bounded  to  the 

Eafl,  by  the  Northwefi  River,  and  to  the  South,  by  'town  Creek,  including  the 

great  If! and  commonly  called  Eagles,  or  Buzard  Ifland  :  And  that  the  Honour- 

able  Robert  Halton,  Efq-,  Mr.  William  Paris,  Mr.    "Thomas  Clark,  Mr.  Robert 

Walker,  and  Mr.  John  Butherford,  lie  Commiflioners  of  the  Road*  for  the  EaJ^ 

Diftrid; 


LAWS    of    North-Carolina.  191 

Diftrift  of  the  faid  County,  lying  between  Cape-Fear  River,  and  the  Sea;  bound-  /^^"  '^'^^J 
ed  on  the  Eaji,  by  Onflow  County,  to  the  Souths  by  the  Sea,  to  the  Weft^^  by  "^  • 
Cape-Fear  River,  and  Smithes  Creek,  along  the  Road  to  Beafley  Swamp :  And 
that  Mr.  'Thomas  Jones^  Mr.  Jo[eph  Blake,  Mr.  Charles  Harrifon,  Mr.  Alexander 
MacCtilkw,  and  Mr.  Alexander  Linington,  be  Commiffioners  of  the  Roads  for  the 
Eafl:  Side  of  Jie  £1^7?  Diftrift  of  the  faid  County  ;  bounded  to  the  Scutb,  by  Smithes 
Creek,  to  the  Weft,  by  the  Ncrtheaft  River,  up  to  the  Head  of  the  fame,  to  the 
Eaft,  by  Henry  Bipop's,  below,  and  Onflow  County  above :  And  That  Mr.  Ed- 
ward Hyrnei  Mr.  John  Swann,  Mr.  Jeremiah  Vail,  Mr.  John  Afloe,  and  Mr.  James 
Poiavente^  be  Commiflloners  of  the  Roads  for  the  Northeaft  Branch  of  Cape-Fear 
River,  as  far  up  as  Burgaw  Creek,  and  fo  over  to  Black  River,  and  the  North- 
Weft  River,  including  the  whole  Neck  between  the  faid  Rivers :  And  that  Mr. 
Jonathan  Evans,  Mr.  'Timothy  Bloodworth,  Mr.  Evan  Jones,  Mr.  William  McRee, 
Sen.  and  Mr.  John  Cook,  Jun.  be  Commiffioners  of  the  Roads  for  the  Weft  Side 
bf  the  Northeaft  Branch  of  Cape-Fear  River,  from  Burgaw  Creek,  up  to  the  Head 
tof  the  faid  River,  and  including  the  Branches  of  Rock-fiflj  Creek, 

II.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  Onflow  Coun-  For   o«/7sw 
ty  be  divided  into  the  Four  following  Diftrifts  -,  and  that  Nathaniel  Everret,  Mr.  ^"""^y- 
John  King,  Mr.  Theophilus  Williams,  Mr.  Hope  Dexter,  and  Mr.  Zachariah  Fields, 

be  Commiflioners  of  the  Roads  for  the  Southweft  Diftri6t  of  the  faid  County  j 
bounded  by  the  Southwft  Branch  of  New  River,  down  to  the  Mouth  thereof,  and 
to  the  Bounds  of  New-Hanover  County :  And  that  Samuel  Johnfton,  Efqj  Mr. 
John  Howard,  Mr.  Richard  Farr,  Mr.  William  Willams,  and  Mr.  Thomas  Jenkins^ 
be  Commiflioners  for  the  Northweft  Diftrift  of  the  faid  County ;  bounded  by  the 
Southweft  Branch  of  New  River,  including  all  the  Northweft  Branch,  bounded  by 
the  Northeaft  Branch  of  the  faid  River :  And  that  Mr.  James  Foiles,  Mr.  Edward 
Ward,  Mr.  William  Shewbridge,  Mr.  Richard  Whithurft,  and  Mr.  Jonathan  Melton, 
be  Commiflioners  of  the  Roads  for  the  Northeaft  Diftridl,  from  the  Northeaft 
Branch  of  New  River,  down  the  River,  and  along  the  Sound  to  Bear  Creek  :  And 
that  Mr.  John  Star  key,  Mr.  Stephen  Lee,  Mr.  Abraham  Mttehall,  Mr.  John  Dudley  ^ 
and  Mr.  John  Spooner,  be  Commiflioners  of  White-Oak  Diltrift,  from  Bear  Creek, 
and  Rocky-Run^  to  White-Oak  River,  including  all  to  the  Bounds  of  Carteret 
County. 

III.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  Bladen  Cown-  F»r  Biadin 
ty  be  divided  into  the  feveral  following  Diftridts  j  and  that  Mr.  Jofe-ph  Clark,  Mr.     °""''' 
Henry  Simmons,  Mr.  James  Carver,  Mr.  James  Grange,  Mr.  Ralph  Miller,  Mr. 
Thomas  Brown,  and  Mr.  Thomas  White,  be  Commiflioners  of  the  Roads  for  the 

firfl  Diflirid:,  bounded  from  Livington^s  Creek,  to  Brown's  Creek,  on  the  South- 
iveft  Side  of  the  Northweft  River  :  And  that  Mr.  William  Bartram,  Mr.  Thomas 
Rufs,  and  Mr,  Edward  Jones,  be  Commiflioners  of  the  Roads  for  the  fecond  Dif- 
trid,  from  Edward  Jones's  Mill  Creek,  down  the  Neck  to  Malfby'%  Point :  And 
that  Mr.  Benjeman  Fitzrandolph,  Mr.  William  Cain,  Mr.  James  Lyon^  Mr.  Tho- 
mas Robinfon,  Mr.  Mofes  PWmer,  and  Mr.  Nathaniel  Piatt,  be  Commiflioners  of 
the  Roads  from  Brown's  Creek,  on  the  Southweft  Side  of  the  Northweft  River,  to 
Bartram' s  Feny:  And  that  Mr.  Griffith  Jones,  Mr.  John  White,  and  Mr.  Ed- 
ward Harrifon,  be  CommifTioners  of  the  Roads  on  the  Northeaft  Side  of  the  North- 
weft River,  from  Edward  Jones's  Mill  Creek,  to  Bartram' s  Ferry :  And  that  Mr. 
Daniel  MacNeal,  Mr.  Michael  Blocker,  Mr.  Jonathan  Evans,  Mr.  Thomas  Jcnes, 
and  Mr.  Richard  Richardfon,  be  Commiflioners  of  the  Roads  from  Bartram' s  Fer- 
ry, taking  in  each  Side  of  the  River,  up  to  the  Head  thereof :  And  that  Mr.  John 
Green,  Mr.  John  Handcork,  Mr.  William  Norton,  Mr.  James  Baldwin,  and  Mr. 
James  Wdfto,  be  Commiflioners  of  the  Roads  for  the  Marfto  Diftrid: :  And  that 
Captain  John  Clark,  Mr.  Samuel  Goodman,  Mr.  John  Hamer,  Mr.  John  Elleby, 
and  Mr.  John  Mackey,  Sen,  be  Commiflioners  of  the  Roads  for  the  Pee  Dee 
Diftridl,  IV.  AND 


lg2 


L  A  JV  S    of    North-Caroli 


N  A. 


A.  D.    1745. 
V» — „^..~— 

For     Carttrit 


for    Beaufort 


IV.  AND  be  it  further  Ena£ied,  by  ths  Authority  aforefaid^  That  Carteret  Coun- 
ty be  divided  into  the  following  Didridts  j  and  that  Mr.  Thomas  Lovicky  Mr.  Ar- 
thur Mobfon^  and  Mr.  William  Burden^  be  Commiflioners  of  the  Roads  for  the 
Northeaji  Part  of  Newport  River,  in  Carteret  County,  begining  at  the  Mouth  of 
the  faid  River,  and  runing  up  Coar  Creek,  to  Craven  County,  and  the  Head  of 
Newport  River :  And  that  Mr.  Carey  Codey^  Mr.  John  Gillet,  and  Mr,  David 
Shepherdy  be  Commiffioners  of  the  Roads  on  the  South  Side  of  Newport  River, 
along  the  Sound  to  the  Bounds  of  Craven  and  Onjlow  Counties,  by  the  Head  of 
White-Oak  River:  And  that  Mr.  John  Clitherelt,  Mr.  Stephen  Ford^  and  Mr. 
Henry  Stanten^  be  Commiflioners  of  the  Roads  from  Beaufort  Town,  to  Coar 
Creek  Bridge :  And  that  Mr.  John  Simpfon^  Mr.  Richard  V/ard^  and  Mr.  Samuel 
Chadicky  be  Commiflioners  of  the  Roads  from  the  Court-houfe  of  the  faid  County, 
over  North  River,  and  fo  to  the  extream  Part  of  the  faid  County  Erflwardly. 

V.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  Craven  County 
be  divided  into  the  following  Diftrids ;  and  that  Mr.  Francis  Dawfon^  Mr.  'Thw 
mas  Perfon^  and  Mr.  Lewis  Bryan^  Sen.  be  Commiflioners  of  the  Roads  from  the 
Mouth  of  Neus  River,  on  the  North  Side,  to  Swift's,  Creek  :  And  that  Mr.  JVil- 
liam  Charlton^  Mf.  Lionel  Lee^  and  Mr.  William  Peters^  be  Commiflioners  of  the 
Roads  from  Swifih  Creek,  to  Contentnee,  on  the  lower  Side  of  the  main  Creek  : 
And  that  Mr.  Thomas  McClendon,  Mr.  Francis  Stringer,  and  Mr.  John  Harring^ 
Jun.  be  Commiflioners  of  the  Roads  from  the  upper  Side  of  Great  Contentnee 
Creek,  to  the  Bounds  of  the  County :  And  that  Mr.  John  Loveld,  Mr.  Jofepb 
Slocomb,  Mr.  John  Sneall,  and  Mr.  Francis  Always,  be  Coriimiflloners  of  the 
Roads  from  the  Mouth  of  Neus  River,  on  the  South  Side,  to  Mill  Creek  :  And 
that  Mr.  Robert  Howard,  Mr.  John  Hillyard,  and  Mr.  Abraham  Buffet,  be  Com- 
miflioners of  the  Roads  from  Mill  Creek,  to  the  upper  Part  of  the  County  :  And 
that  Mr.  Richard  Lovett,  Mr.  Adam  Moore,  Mr.  Chrijlian  EJler,  Mr.  George 
McCarty,  and  Mr.  Jacob  Sheets,  be  CommifTioners  of  the  Roads  from  the  Town 
of  Newbern,  to  the  Head  of  Trent  River,  along  the  North  Side  of  the  faid  River : 
And  that  Mr.  Richard  Nixfon,  Mr.  John  Fonveille,  and  Mr.  Cornelius  Loften^ 
be  Commiflioners  of  the  Roads  from  Newbern,  to  the  Southwijl  Creek,  on  the 
South  Side  of  Neus  River :  And  that  Mr.  Mark  Phillips,  Mr.  John  Smith,  and 
Mr.  John  Slocomb,  be  Commiflioners  from  Southwefi  Creek,  to  the  upper  Line 
of  the  County. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Beaufort 
County  fhall  be  divided  into  the  following  Diftrids  j  and  that  Mr.  James  Thomas^ 
Mr.  William  Phipps,  Mr.  William  Carruthers,  and  Mr.  Jofiah  Jones,  be  Com- 
miflioners of  the  Roads  from  Broad  Creek  below  Bay  River,  to  the  main  Road, 
including  each  Side  of  the  faid  River,  on  the  South  Side  of  Pamptico  River  :  And 
that  Mr.  Abraham  Prit chard,  Mr.  John  Tripp,  and  Mr.  John  Bond,  be  Commif- 
lioners of  the  Roads  from  Goofe  Creek,  to  Durham^  Creek,  and  from  Durham' & 
Creek,  to  the  Boundary  Line  of  Craven  County  :  And  that  Mr.  Benjamin  Peyton, 
Mr.  Thomas  Williams,  Mr.  Reading  Blunt,  Mr.  William  Peyton,  and  Mr.  William 
Dunbar,  be  Commiflioners  of  the  Roads  from  Durham's  Creek,  to  Chockowinity, 
and  to  the  Boundary  Line  of  Craven  County  :  And  that  Mr.  Edward  Salter,  Mr. 
Thomas  Tyfon,  and  Mr.  John  Hardy,  be  Commiflioners  of  the  Roads  from  Chock- 
owinity,  to  the  Line  of  the  County  :  And  that  Mr.  James  Adams,  Mr.  Daniel 
hlenn,  Mr.  George  Nixfon,  and  Mr.  James  Brown,  be  Commiflioners  of  the  Roads 
horn  Hyde  County,  bounding  on  PnV^'s Creek,  to  Bath-Town:  And  that  Mr. 
John  Barrow,  Mr.  William  Martin,  Mr.  Robert  Boyed,  Mr.  Samuel  Boutwell,  and 
Mr.  Simon  Jones,  be  Commiflioners  of  the  Roads  from  Bath-Town,  to  the  Flatt 
Swamp,  bounding  on  Tyrrel  County  ;  and  alfo  from  Bath-Town,  to  Tranter''^ 
Bridge :  And  that  Mr.  Seth  Pilkington^  Mr.  George  Moy^  Sen.  Mr.  William  Mace, 

Mr. 


LAWS    o/'    North-Carolina.  iq^ 

■  ■—I  —  ,,—  —  -  I  -.■.■.■^.- -        ■         II  -■■■ I    ■^.^■ll■  I  .lli^fc, !■.—»■»■      i«     II   >    ■>■!  I   H*.I<^ 

Mr.  John  Burne)\  and  Mr.  y^??;;/'^  Barrow^  be  Commiflioners  of  the  Roads  irom    ^-  ■'^    '"^^v 


l'ranier'%  Creek,  to  Edgcomb  Count/. 


y— 


Vlli  AND  he  it  further  Enacted^  hyythe  Authority  aforefaid.  That  /^i.?  Coun-  Forii></<CcBnt/. 
ty  be  divided  into  the  tbllowing  Diftridts  •,  and  that  Col.  Samuel  Sinclare,  Mr. 
Jofeph  "Tarti  Mr.  Ri chord  Lorrdount,  Mr    Francis .  Kipps^  and  Mi.  Alexander 
Foreman^  be  Commiliioncrs  ot  the  Roads  tVorn  Price* s,  Bridge,  to  the  Court- 
houfe :  And  that  Mr.  JViUiarn  Harris^  Mr.  Tbcmas  Loach.,  and  Mr.  Jofeph  Hal- 
loway\  be  Commiffioncrs  of  the  Roads  from   the  Chappel,  to  Jonas  Squired : 
And  that  Mr.  V/illiam  SiHerihvit,'.,  Mr.  '-Timothy  Allen,  and  Mr.  Nathaniel  Eborn, 
be  CommifTioners  of  the  Roads  from  Matchapungo  Creek  Bridge,    to  the  Log- 
houfe :   And  that  Mr.  John  Smah,  Sen.  Mr.  John  Smithy  Jun.  Mr.  Gilbert  Mc 
Reary,  Mr.  Forjler  Jar-vis,  and  Mr.  John  Leith,  Jan.  be  CommilTioners  of  the 
Roads  on  the  Eaji  Side  of  Matchapungo  River :   Which  Commiflioners,  or'  the  Ccmmiffiontri 
Majority  of  them,  in  their  fc-vJral  and  refpe6live  Diftrlds,  fliall  have  full  Power  Road^f&c.""" 
and  Authority  to  make  new  Roads  and  Bridges,  and  keep  in  Repair  the  Roads 
and  Bridges  already  made,  in  fuch  Places,  and  in  fuch  Manner,  as  they  Ihall  think 
convenient. 

VIII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Hen.Uy  for  not 
Perfon  or  Pcrfons  who  ihall  take  upon  him  to  ad  as  a  Commiffioner,  fiiall  neg-  ""'*''"£' 

Je(5t  or  refiife  to  meet,  at  the  Times  and  i-^laces  appointed  by  the  Majority  of  the 
Commiflioners,  in  their  fevtral  IJiliricts,  he  or  they  fo  offending,  fhall.  forfeit 
Thirty  Shillings,  Proclamation  Money,  for  every  iuch  Negled  or  Refufal  •,  to 
be  recovered  and  difpofcd  ol  as  is  herein  atter  direded  \  except  he  or  they  fo  neg- 
lecting, (hall  give  fuch  Excufe  to  the  faid  Commiffioners  of  his  Diitlrid:,  at  their 
next  Meeting,  as  they  judge  reafonable. 

IX.  AND  he  it  funher  Enabled,  by  the  Authority  aforefaid.  That  all  Male  Per-  ah  M.ie Titha. 
fons,  from  the  Age  ot  Sixteen  Years,  to  Sixty,  both  white  and  black,  (except  '''"^>  *"■•"'"  16 1<» 
fuch  as  are  hcrealttr  excepted,)  ihall  be  fummoned  to  work  on  the  high  Roads,  theKoJs?'' '"'' 
within  their  Lveral  Diftrict-s,  by  fuch  Fcrfon  or  Pcrfons  as  fhall  be  appointed,  by 

a  fpecial  Warrant  from  the  CommifTioncrs  of  each  Diftrid:,  or  the  Majority  of 

them  ;  and  if  any  i'eribn  or  Pcrfons  appointed  to  fummon  the  Male  Taxables,  Penalty  en  p^- 

to 
them. 


as  aforefaid,  fhall  refufe  or  neglt6t  his  Duty,  as  herein  after  direded,  for  every  j^^"]  „'"'?'' 
fuch  OiTcnce,  he  fhall  forfeit  the  Sum  of  Five  Pounds,  Proclamation  Money,  fummon"! 


X.  A.ND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  every  War-  v/amnt to fum- 
rant  to  fummon  the  Taxables,  as  aforefaid,  fhall  be  under  the  Hands  and  Seals  ^e°"  a'' ?*b  "h* 
of  the  Commiflioners  of  the  Diftrid,  or  the  Majority  of  them  ;  which  Warrant  Comm.ffioni^s,  * 
Ihall  exprefsly  mention  the  Place  where  fuch  Taxables  fhall  meet,  the  Number  j^"^*^^"''"'"* 
of  Days  they  are  to  work,  and  that  they  bring  with  them  Provifion  fufiicient  for 

the  Time,  and  fuch  fuitable  Tools  as  the  CommilTioners  fliall  dired,  and  alfb 

fliali  mi-ntion  the  Commiflioncr  or  CommilTioners  Names  vv^ho  are  to  infpedthem, 

2s  alio  the  Overfeer  or  Overfecrs  Names  who  are  to  ovtrfee  them  ;  and  every  Per-  TithaWes  to  f>e 

fon  or  Pcrfons  to  whom  fuck  Warrant  is  diredcd,  fliall  perfonaJly  fummons  all  Da^sSe?' 

Mafters  or  Miftreires  of  Familie"?,  and  Overfeers  of  Plantations,  where  there  is  no  meet. 

Maltcr  or  Miftrcfs  prefent,  at  leaft  Eigiit  Days  before  the  Time  appointed  for    * 

working,  to  caufe  all  Male  Tax*abks  in  their  Families,  liable  by  Law  to  work  on 

tiie  Roads,  to  appear  at  the  Place  appointed, ^with  fuitable  Tools  as  aforefaid,  and 

Provifions,  and  there  to  work  on  the  Roads,  Bridges,  and  Cuts,  during  fuch 

'i'imc  as  is  in  the  Warrant  exprefsly  mentioned.' 

XI.  AND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  all  the  Com-  Commi/rmneH  to 
miiTionefs  herein  appointed  for  each  Diflrid,  and  their  Succefibrs,  fhall  meet  at  y^^^^  'to"dct-r 
the  Court-houfe  in  the  Diftrid,  and  where  there  is  no  Court-houfe,  at  fuch  Place 

C  c  c  withini 


1 94  LAWS    ^/'North-CarolinAo 

^.  D.  174?  within  the  Diiln<5t  where  the  Majority  of  the  Commiflloners  fhall  think  fit  to  ap- 
V—  ^ —  point,  by  Notice  under  their  Hands,  at  leail  Twice  in  each  Year,  vi-z.  Ihe  Men- 
fout  R!)ad"r^^^  ^V  ^fter  Flafter  Monday,  and  on  the  firit  Monday  in  Auguft,  Yearly,  and  ottener 
to  Jar  out  !"•'''««  if  the  Majority  of  the  Commiflioners  fhall  chink  fit ;  and  the  Majority  of  the  Com- 
°* ''  '"  miffioners  fo  met,  are  hereby  impowered  to  determine  all  Difputes  which  ihall 
or  may  arife  concerning  Highways,  Bridges,  private  Paths,  and  Cuts,  already 
niade,  or  that  Ihall  be  made  hereafter  •,  alfo,  upon  the  Petition  of  any  of  the  In- 
habitants, where  Lands  are  fo  hemmed  in  by  other  Perfons  Lands,  that  they  have 
no  PaiTage  to  the  next  High  Road  or  Landing  •,  to  lay  out,  or  cauie  to  be  laid  out» 
a  Road  or  Way  to  the  next  High  Road  or  Landing,  to  be  laid  out,  mrtde,  and 
kept  in  Repair,  at  the  private  Expence  of  the  Per  Ion  or  Perfons  petitioning,  with 
as  little  Damage  as  pofiibly  may  be  to  the  Owner  of  thofe  Lands  through  which 
the  faid  Road  or  Way  mult  necefTarily  pafs :  And  if  there  arc,  or  hereafter  QndW 
be,  any  confiderable  Number  of  Inhabitants  fettled  in  fuch  Places  where  the  Roads 
already  laid  out  arc  not  convenient  for  them  to  go  to  the  next  County  Court,  or 
Town,  in  fuch  Cafe,  upon  the  Petition  of  fuch  Inhabitants  to  the  CommifTioners 
of  their  refpe6five  Diflrifts,  it  fhall  and  may  be  lawful  for  fuch  Commiflioncrs, 
and  they  are  hereby  impowered  to  lay  out,  or  caufe  to  be  laid  out,  a  Road  ^for 
them  to  fuch  Court-houfe  or  Town,  at  the  Charge  of  fuch  Petitioners,  -having 
due  Regard  to  do  as  little  Damage  to  fuch  Perfons  Lands  or  Plantations  where 
the  faid  Roads  mufl  i-jecelTarily  go,  as  is  poffible ;  and  the  faid  Perfons  fo  petiti- 
oning, fhall  be  liable,  for  not  working,  making,  and  keeping  fuch  Road,  laid 
out  as  aforefaid,  in  good  Repair,  to  all  the  Penakies  inflided  by  this  A<^  on  Per- 
fons for  not  working  on  the  High  Roads. 

(^^rtim-mrftsrstrt       XII.  AND  he  it  fnrther  Enacted^  by  the  Authority  aforefaid.  That  the  Ma- 
thTunads Vo  one  P^'^^f  ^^  ^^'^  CommiiTioners  of  each  Diftrift,  at  any  of  their  Meetings,  fhall  allot 
another,  snd  to  to  any  CommiiTioncr  or  Commiflloners  of  fuch  Diflrift,  a  particular  Part  of  the 
*llT^7ni%-  Road,  to  be  under  his  or  their  Infpedion,  whether  it  be  to  repair  an  old  Road, 
point  the  Time  make  3  ncw  one,  or  to  make  or  repair  a  Bridge,  or  a  Cut ;  and  the  CommifTioner 
ribif/nh  are  to  or  GommifTioners  fo  appointed,  is  and  are  hereby  impowered  to  nommate  an 
^^ork  at,  not  ex-  Ovetfecr  for  that  Part  of  the  Work  under  his  or  their  Infpedtion,  and  fhall  alfo, 
i^Vvw"    '^'  at  the  fame  Meeting,  appoint  the  Time  when,  and  Place  where,  the  Inhabitants 
fliall  work,  not  exceeding  Twelve  Days  in  One  Year,  (except  as  is  herein  after 
excepted,)  in  fuch  Manner  as  they  Ihall  be  direfted,  by  the  Commiflioner  or  Com- 
miflloners appointed  to  dire6t  them,  or  as  they  fhall  be  directed  by  the  Overfeer 
or  Overfeers  by  him  or  them  appointed,  when  fuch  Commiflioner  or  Commif- 
fioners  fliall  be  abfent ;  'and  the  faid  Overfeers  fliall  alfo  fhew  their  faid  Vv^rrant 
to  any  Perfon  they  fummon,  if  required  fo  to  do :  And  if  any  of  the  Perfons  to 
whom  the  faid  ^Varrant  is  direfted,  cannot  find  the  Party  fo  to  be  fummoned, 
then,  and  in  fuch  Cafe,  he  fhall,  at  lead  Eight  Days  before  the  Time  appointed 
to  work,  leave  a  Note,  in  Writting,  of  the  Time  and  Place  appointed  to  work,- 
with  fomc  Perfon  in  the  Family  of  the  Perfon  to  be  fummoned ;  which  Note  fo 
left,  fhall  be  accounted  a  legal  Summons. 

•^ommimoner.  XIII.  PRO  FID  E  D  always.  That  no  CommifTioner  or  Commiflloners  fhall 

v^art^under'thdJ  bc  liable  to  Profccution  for  any  Default  or  Defaults  in  the  Roads,  Bridges,  and 
infp=aion.         Cuts,  but  for  that  Parfunder  his  or  their  particular  Infpection. 

perfonj  nfgicft-  XIV,  AND  bc  it  further  Efiacted,  by  the  Authority  aforefaid.  That  if  any 
TuhabieT'' to'"  perfon*  after  having  been  duly  fummoned,  as  aforefaid,  fhall  neglect  or  refufe  to 
ftrfiit  jV.  8d,  fend  all  the  Male  Taxables  in  his  or  her  Family,  and  if  a  Mafler  of  a  Family,  to 
go  himfelf,  fuch  Perfon  fo  neglecting  or  refufing,  fhall  forfeit  and  pay  the  Sum 
of  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  per  Diem,  for  each  and 
every  Taxable  in  his  or  her  Family  liable  to  work,  who  fhall  be  abfent  any  Day 
or  Days  he  or  they  ought  to  work,  as  aforefaid.- 

XV.  PRO 


LAWS      of     N  ORT  H-C  A  R  O  L  I  N  A.  195 


XV.  PROVIDED  nevenhelefs^  That  if  any  Perfon  who  is  a  Defaulter, 


-V— 


Dfjui 


(hall,  within  Ten  Days  after  the  Time  is  expired  for  working  on  the  Roads,  go  fl.ew  Caufe  of 
to  the  next  Cominiflloner  and  Ihew  him  fufiicient  Caufe,  why  he  or  his  laxablcs  p^'''^"'^*  '"  ** 
were  abfent,  or  did  not  work,  at  the  Time  appointed,  or  if  he  was  obHgtd,  by  ^^ ' 
fome  extraordinary  Occafionj  to  Itay  at  Home  hunfelf,  or  to  keep  funic  of  his 
TaxabJes  at  Home  -,  in  fuch  Cafe  he  fhail  be  allowed  to  make  good  the  Dthcien- 
cy,  by  working  on  the  Roads,  in  fuch  Place  as  he  fhall  be  diredled  by  the  faid 
CommilTioners,  or  laid  out  by  the  faid  Overfeer,  as  a  proper  Talk,  by  Order  of 
fuch  Commillioncr,  with  fucii  a  Number  of  good  and  able  Men  as  will  tuUy  make 
up  the  Deficiency,  withia  Twenty  Days  alter  the  Time  for  working  Ihall  be  ex- 
pired i  at  which  Time  the  C^mmiffioners  of  each  Diftri6l  are  hereby  required  to 
meet,  and  ililie  their  Warrant  or  Warrants  of  Diftrefs  to  levy  the  Fines  and  For- 
feitures, in  this  Ad:  mentioned,  on  tiic  Eftate  or  Eftates  of  all  fuch  Defaulters 
who  have  not  made  good  their  Deficiencies,  or  given  fulHcient  Excufes*  as 
aiforefaid. 

XVI.  AN D  be  ii  further  Ena£fed,  by  the  Authority  aforefaid^  That  if  any  Commiffioners u 
CommilTioner  or  Commiffioners  Ihail  refufe  or  neglect  to  fend  all  his  Male  Taxa-  ^Je t' thabi«. 
bles  to  work  on  the  faid  Roads,  fueh  Commiflaoncr  or  Commillioners  fhall  be  li- 
able to  pay  all  fuch  Sums  of  Money  as  any  other  Defaulters  mentioned  in  this 
A61 ;  to  be  recovered  by  a  Warrant  of  Diftref;,  ifluing  out  of  the  Court  of  the 
County  where  fuch  Commiflionir  or  CommilHoncrs  dwell,  to  be  levied  upon   his    v 
or  their  Goods  and  Chattels,  in  fuch  Manner  as  is  herein  by  this  Adt  direifed  and 
provided,  againft  any  other  Perfon  or  Perfons  offending  therein. 

XVI r.  AN D  be  it  further  EnaSied^  by  the  Authority  aforefaid^  That  if  any  Perfons  wiih- 
Perfon  withdraw  his  Taxables  out  of  any  Diftri<5l  after  they  are  fummoned,  it  i;''J:|'"?f^^''^^''"  , 
(hall  and  may  be  lawful  for  the  Commiirioner  or  Commiffioners  of  fuch  Diilri6t,  any  Dibia  aftc» 
to  ilTue  out  his  or  their  Warrant  of  Dillrcfs  againft  the  Mailer,  Millrefs,  or  Cver-  ^;'"?''''"?'^'>"^'f. 
leer  or  fuch  Taxables  fo  offending,  and  levy,  upon  the  Goods  and  Chattels  of  ifrue  their  war. 
fuch  Offender,  all  fuch  Fines  or  Sums  of  Money  as  are  herein  before  diredledi  ac-  IgaU^he^of* 
cording  to  the  Number  of  Taxables  fo  withdrawn  or  carried  out  of  fuch  Diftridt.  <^'^der.. 

XVIII.  AND  whereas  there*are  feveral  vagrant  Perfons  who  have  no  fixt '^^'^"''°f^^^- 
Abode  or  Settlement,  and  who  negleft  and  refufe  to  work  on  the  Roads  •,  Be  it  joumen.^  " 
there[<ire  Ena5led^  by  the  Authority  aforefaid^  That  every  Malter  and  Millrefs  of 
a  Family,  who  hath  any  fuch  Perfon  or  Peribns  as  a  Sojourner  or  Sojourners, 
Workman  or  Workmen,  iLabourer  or  Labourers,  in  his  or  her  Family,  at  the 
Time  ol  being  fummoned  to  work,  fhall  be  anfwerable  for  the  Work  of  fuch  Per- 
fon or  Perfons  as  one  of  his  or  her  Family  ;  and  if  fuch  Perfon  refufe  to  appear 
at  the  T-ime  and  Place  appointed,  the  faid  Mailer  or  Millrefs  may  fell,  at  Public 
Vandue,  fo  much  of  the  Goods  and  Chattels  of  fuch  Perfon  or  Perfons  fo  refu- 
fing,  as  fhall  pay  the  Fine  of  Two  Shillings  and  Eight  Pence,  Proclamation  Mo- 
ney, for  every  Day  he  ought  to  haVe  worked  on  fuch  Roads,  returning  the  Over- 
plus, if  any,  to  the  faid  Perfon  or  Perfons. 

.  XIX.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  if  any  SitThcirOu- 
Perfon,  appointed  Overfeer  by  a  Warrant  under  the  Hands  and  Seals  of  the  Ma-  ty,  to    foftit 
jority  of  the  CommifTioners  of  his  Dillrid,or  any  of  them,  Ihall  neglcd  or  re-'*°'" 
lufe  to  a6l,  or  having  takenu  pon  him  fuch  Office,  fhall  negleftor  refufe  to  follow 
the  Direftions  of  the  CommilTioner  or  Commiffioners  appointed  for  that  Part  of 
the  Road  of  which  he  is  Overfeer,  fuch  Perfon  fhall,  for  every  Day  he  Ihall  fo 
negledl  or  refufe  to  ad,  or  to  follow  the  Diredions  of  the  faid  Commiffioner.or 
Commiffioners,   forfeit  and  pay  the  Sum  of  Twenty  Shillings,    Proclamation 
Money. 

XX,  AND 


iq5  laws    of    North-Carolina. 

A.   D     1745. 

V ^ ^      XX.  J ND  be  it  further  Enabled,  hy  the  Authority  aforefaidy  That  if  any 

frwoTk/to"(^-rf  white  Perlbn,  being  met  according  to  Summons,  ihall  neglect  or  refiife  to  work 
feitas. 'sd.  if  a  according  to  the  Directions  of  the  Commifiioners  or  Overfeer  appointed  tor  that 
Negro,^^he  may  ^^^^  ^^  ^_^^  ^^^^^  ^^^^  Ptrfon,  for  cvcry  Day  hefo  offends,  fliall  forfeit  the  Sum 
of  Two  ShiUings  and  Eight  Pence,  Proclamation  Money  •,  and  if  any  Slave  fhall 
refufe  or  neglect  to  work,  the  Overfeer  may,  and  he  is  hereby  directed  and  im- 
powered,  to  give  fuch  Slave  Correction,  by  whipping  him  on  his  bare  Back,  not 
exceeding  Twenty  Lafhes,  for  every  Offence,  and  fo  that  he  ufes  no  other  Wea- 
pon than'a  Cow-Skin  or  a  Switch  :  And  if  any  Perfon  (the  Commiffioners  of  the 
Diftrict  excepted,}  fhall  hinder  the  Overfeer  from  correcting  fuch  Slave,  the  Per-" 
fon  or  Perfons  fb  offending,  fhall,  for  every  fuch  Offence,  forfeit  and  pay  Twen- 
ty Shillings,  Proclamation  Money. 

e-mm-ffionfr!  to      XXL  A  N  D  be  it  further  Ena^fed^  by  the  Authority  afore faid^  That  the  Com - 
b«id  Bridges,&c,  jjjii^TjQj^gj-s  of  each  Diftrict,  or  the  Majority  of  them,  fhall  be,  and  they  are  here- 
by impowered,   to  agree  with  any  Perfon  or  Perfons,   to  build  any  Bridge  or 
Bridges,  or  repair  any  Road  or  Roads,  as  they  fhall  fee  neceffary,  in  their  fcveral 
Diflricts. 

t>roceea;«g.tob.      XXII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  where 

hui  whre  two  Xwo  DiitHfts  ate  divided  by  any  River  or  Creek,  and  the  Commiffioners  of  ei- 

Jlfrf^v.cr.dc";  ther  defire  to  build  a  Bridge  over  fuch  River  or  Creek,  they  fhall  give  Notice  to 

and  the  Com-  jj^g  Commiffioncrs  of  the  other  Diftrift  of  the  Day  and  Time  they  will  meet  them^ 

ZTJmI Bddge  as  near  the  Place  as  may  be  where  the  Bridge  fhall  be  propofcd  to  be  built  •,  and 

over  it.  j.|^g  j-^j^  Commiffioners  of  the  Two  feveral  Diftrids,  or  the  Majority  of  thofe  of 

each  Diftricfl,  being  fo  met,  are  hereby  impowered  to  agree  with  proper  Perfons 

to  build  fuch  Bridge  :  And  the  Commiffioners  of  each  of  the  faid  refpedive  Dif- 

tri£ts,  or  the  Majority  of  them,  are  alfo  hereby  impowered  to  raife  Money,  fuf- 

ficient  to  difcharge  the  Expence  of  fuch  Bridge,  in  their  feveral  Diftrifts,  that  is 

to  fay,  one  Half  on  one  Diftrid,  and  one  Half  on  the  other,  by  laying  a  Levy, 

fo  as  the  fame  do  not  exceed  One  Shilling,  Proclamation  Money,  for  One  Year, 

on  the  Taxables  liable  to  work  on  the  Roads  in  each  of  the  faid  Diftrids  -,  to  be 

colleded  by  the  Sheriff  of  the  County  wherein  fuch  Diftrids  are,  at  the  fame 

Time  and  Manner  as  other  Taxes  are.  m.ade  payable,  and  to  be  colleded,  and 

Ihall  be  accounted  for  and  p'aid  by  the  Sheriff,  to  the  Commiffioners  of  fuch 

Diftrids  where  the  fame  fliali  be  collected  j  for  which  the  Sheriff  fliall  have  Six 

fer  Cent.  ^ 

XXIII.  AND  foras-much  as  feveral  Counties  are^Ow  divided  by  fmall  Rivu- 
lets or  Creeks,  wliere  Bridges  over  the  fame  may  be  made,  and  kept  in  Repair, 
rro«e<5iBg,tobe  wlthout  laying  a  Levy  on  the  Taxables  of  each  County  ;  It  is  therefore  hereby 
t'j^^heroCun-  £fjactedy  That  the  Two  next  Commiffioners  to  the  faid  Run,  living  in  the  differ- 
Oeekl'''"  '    ^  ent  Counties,  may  be,  and  are  hereby  impowered,  to  ifiue  Summons  for  fuch 
Number  of  Taxables  in  their  refpective  Diftricts  as  they  fhall  judge  proper,  for 
making  and  repairing  fuch  Bridges  -,  and  the  Taxables  fo  working,  fhall  be  al- 
lov/ed  the  fame  Time  from  working  upon  any  other  Roads  in  their  Diftrict:  And 
if  any  Perfon  or  Perfons,  liable  to  work  upon  the  Roads,  fhall  neglect  or  refufe 
to  comply  with,  and  ob-y  fuch  Summons -as  aforefaid,  he  or  they  fhall  fortcit  and 
pay  the  Sum  of  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  for  every 
Day  he  or  they  fhall  fo  neglect  or  refufe. 

tr,rr.m-(tiwri  10  XXIV.  A  N  D  be  it  further  Ena£fed,  by  the  Authority  aforefaid.  That  if  any 
SivS'th"  Bridge  Hoall  be  broken  down  or  carried  away  by  Frefhcs,  or  if  by  iaiiing  of  Trees 
^.'iii  dear.        acrofs  thc  Roads,  the  Paffnge  of  the  fame  is  interrupted,  the  Commiflioner  or 


Veep  Sridges  in  gj-j^g^  f]^.^jj  j^^  broken  down  or  carried  away  by  Frefhcs,  or  if  by  iaiiing  of  Trees 
acrofs  thc  Roads,  the  Paffnge  of  the  fame  is  interrupted,  the  Commiflioner  or 
Commiffioners  of  the  Diila-icts  in  which  fuch  Accident  may  happen,  fhall  iffue 


hln 


LAWS      ^     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  I  97 

his  or  their  Warrant  or  Warrants  to  fummons  as  many  Taxables  as  may  be  able    ^  ^-    '^-is- 

CO  mend  fach  Bridge,  or  move  fuch  Trees,  and  otherwile  repair  any  unpafTable  ^''^ — "^ ' 

Jkoad,  allowing  the  Ferlbns  ib   working  as  many  Days  at  the  next  General  Time 
of  working. 

XXV.  AND'he  it  farther  Enacted,  by  the  Authority  aforefaid.  That  if  any  Penalty  on  Pew 
Perfon  fhall  ftop  up,  or  any  way  damage  any  of  the  Roads,  Bridges,  Cuts,  or  ^"'"'  '*'''?■"£  "? 
Water-Courfes,  now  made,  or  hereafter  to  be  made,  by  the  Commiliioners  atore-    "^  ^'    '^' 
faid,  or  any  of  them,  or  alter  or  damage  the  private  Roads  by  them  laid  out  to 
a  Landing,  or  Public  Road,  the  Commiflloners,  or  the  Majority  of  then*,  in  the 
Diftrict  where  fuch  Oftcnce  fliall  be  committed,  Ihall  order  the  Party  fo  offend- 
ing immediately  to  clear  and  repair  the  fame ;  and  in  Cafe  of  Ref ufal,  the  Party 
offending  Ihall  forfeit  and  pay  fuch  Sum  or  Sums  of -Money,  as  the  Majority  of 
the  Commiliioners  of  fuch  Diftricts  ihall  find  lufhcient  to  repair  fuch  Damage.    ' 

XXVr.  AND  he  it  further  EnaBcd,    by  the  Authority  aforefaid.  That  each  commiffion^rs t6 
Commiffioners  of  each  and  every  Diflricl,  or  the  Majority  of  them,  are  hereby  '^>"  t«  anAcco. 
impowered  and  required  to  call  to  Account,  upon  Oath,  all  former  and  prcfent  \H^i^ir^^Zy 
Commiffioners  and  Officers,  to  whom  any  Money  hath  been,  or  hereafter  Ihall  ^f^m  Defaulter, 
be  paid,  by  Viitue  of  any  Warrant  on  Defaulters  for  not  working  heretofore  on 
the  Roads,  an(SJ  to  appoint  any  one  of  the  faid  Commiffioners  to  receive  the  ilime  ; 
and  upon  Refufahor  Negled;  of  Payment,  it  fliall  and  may  be  lawful  for  the  faid 
Commiffioners  of  fuch  Diflnd,  or  the  Majority  of  them,  to  ifiuc  their  Warrant, 
directed  to  the  Sheriff  of  the  County,  to   diftrain  the  Goods  and  Chattels  of  the 
Perfon  or  Peribns  fo  refufing  or  negleding  to  pay  the  fame,  and  the  Goods  lb 
diflrained  Ihall  be,  by  the  Sheriff,  Ibid   at  Public  Vendue,  fo  far  as  will  amount 
to  the  Sum  which  fuch  Pcrlbn  ought  to  account  for  and  pay,  as  aforefaid  ;  and 
the  Money  fo  levied,  ihall  be  paid  to  the  Commiffioners  appointed  to  receive  the 
fame,  as  aforefaid. 

XXVIL  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Proceedings  a. 
Commiffioners  \i\  the  fcveral  Diftrids  of  this  Province,,  iliall  have  full  Power  and  e-"'"* ^'f'"^""' 
Authority,  and  they  are  hereby  authorized  and  impowered,  to  fummons  all  Per- 
fons,  whom  they  fiilpecl  as  Defaulters  in  working  on  the  high  Roads,  in  the 
feveral  Diftrids  where  .fuch  Perfons  rcfide,  by  a  Note,  in  Writing,  under  the 
Hand  of  one  or  more  of  the  Commiffioners,  appointing  the  Time  when,  and 
Place  where,  they  fhall  meet,  which  fhall  be  within  Three  Months  after  the  Ra- 
tification of  this  Ad  ;■  and  fliall  caufe  all  Perfons  who  have  been  Overfeers  of  the 
higii  Roads,  and  all  other  Perfons  whom  they  believe  can  make  Proof  againfl 
Defaulters,  as  aforefaid,  to  appear  before  them  •,  and  on  due  Proof  made,  by  the 
Oath  of  any  one  credible  Perlbn,  or  the  Confeffion  of  the  Party  or  Parties,  of 
fuch  Default  or  Defaults,  the  Commiffioners,  or  the  Majority  of  them,  at  the 
faid  Meeting,  fliall  order  luch  Defaulter  or  Defaulters  to  work  on  the  Roads  for 
the  Space  of  Six  Days  only,  at  one  Time,  until  he  or  they  have  made  good  the 
whole  Deficiency,  within  Six  Months  after  the  Ratification  of  this  Ad ;  and  in 
Cafe  fuch  Defaulter  or  Defaulters  fhall  negled  or  refufe  to  work  as  aforefaid,  or 
refufe  to  pay  his  or  their  fcveral  Fines  and  Forfeitures,  due  for  his  or  their  De- 
fault or  Defaults,  the  faid  Commiflioners,  or  the  Majority  of  them,  are  hereby 
impowered  and  required  to  levy,  by  Warrant,  on  fuch  Defaulter  or  Defaulters, 
fuch  Sum  or  Sums  of  Pvloney  {<i  due,  on  his  or  their  Goods  and  Chattels. 

) 

XXVIII,  AND  whereas  Difputes  may  often  arife,  about/the  Number  of  tax-  Oefeuiters  ore 

able  Pei-fons  in  a  Family  liable  by  Law  to  work  on  the  Roads  ;  Be  it  therefore  'j'venLift S fheTr 

E'Ui^ed,  by  the  Authority  aforefaid.  That  the  Commiffioners  in  each  and  every  TlxaWes.w'iw! 

Dillrid,  or  the  Majority  of  them,  may,  and  they  are  hereby  impowered,  to  re-  '^''5*- 
quire,  upon  Oath,  frora  any  Defaulter  or  other  Perfon,  at  any  Time,  tlie  Liit 

D  d  d  or 


jgo 


LAWS      O/'     N  O  R  T  H  -C  ARO  L  I  N  A. 


u9.  D    I74S     or  Number  of  his  or  her  Taxables,  liable  by  Law  to  work  on  the  Roads ;  and  on 
*■- V ^  Refufal  of  fuch  Defaulter,  or  other  Perfon  fo  required,  to  declare  the  fame,  he^ 

fhe,  or  they, 

mation  Money. 


fo  refufing,  fliall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Procla^ 


ccinmiffinnerj  XXIX.  J  N  D  he  it  furthcr  Enacted^  by  the  Authority  aforffaid.  That  it  (hall 

^jacent'Timbr"  and  may  be  lawful,  for  any  Perfon  or  Perfons,  by  Direttion  of  the  CommifTion- 
ers,  to  cut  down  and  make  Ufe  of  any  Timber  Tree  or  Trees  ftanding  or  grow- 
ing upon  any  of  the  moft  convenient  Lands  to  the  faid  Roads,  for  the  Ufe  thereof. 

w,rrtnt«  tn  be  XXX.  A  N  D  he  it  further  Euacted^  by  the  Authority  aforefaid^  That  all  War- 
"f'^'h  *C)"^T  ''^'^^^  ^'-"'  l''^yi"S  '^'^J  ^^"-  or  Forfeiture,  due  by  Virtue  of  this  Aft,  fhall  be  un- 
iioneri,  dcr  the  Hands  and  Seals  of  the  Commiflioncrs,  or  the  Majority  of  them,  in  their 

refpeclive  Dillridlis  where  fuch  fhall  become  due. 


Rosds,  &c.  to  be      XXXI.  A  N  D  he  it  further  EnaEfed,  by  the  Authority  aforefaid^  That  all  Pub- 
(o  Feet  wide,     j.^  Road;,  Bridges,    and  Caufways,    Ihall  be  made,  at  the  leaft.  Ten  Feet  ' 
Wedth. 


m 


Right  of  Appesl. 


fines   how  recb- 
vercd. 


Wsrr«it. 


Fines 
tfd. 


ap^opria 


XXXII.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  any 
Perfon  or  Perfons  fliall  think  him,  her,  or  thernfclves  aggrieved,  by  any  Order  or 
Sentence  of  the  Commiffioners,  it  (hall  and  may  be  lawful  for  fuch  Perfon  or  Per- 
fons to  appeal  from  the  Order  or  Sentence  of  fuch  Commiffioners,  in  any  of  their 
refpe-flive  Diftrifts,  to  the  next  County  Court  •,  who  are  hereby  impowered  to 
hear  and  determine  fuch  Appeals  in  a  fummary  Way. 

XXXIII.  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  all 
the  Fines  and  Forfeiturt  s  now  due,  or  which  hereafter  fhall  become  due,  by  Vir- 
tue of  this  A6t,  except  fuch  as  are  herein  before  directed  to  be  otherways  reco- 
vered, fliall  be  by  Diftrefs,  and  Sale  of  the  Offenders  Goods  and  Chattels,  by 
Virtue  of  a  Warrant  under  the  Hands  and  Seals  of  the  Commiffioners  of  fuch 
Diftrift,  or  the  Majority  of  them,  where  fuch  Offence  is  committed,  diredcd  to 
any  lawful  Conftable  of  the  County,  who  fliall  levy  the  fame  by  Sale  of  the  Of- 
fenders Goods,  at  Public  Vandue,  to  the  higheft  Bidder  ;  and  the  faid  Couilable 
fhall  be  allowed,  for  executing  every  fuch  Warrant  of  Diftrefs,  One  Shilling  and 
Three  Pence,  Proclamation  Money,  and  Three  per  Cent,  for  the  Sum  levied  ; 
and  after  the  Forfeitures  and  Charge  paid,  the  Overplus,  if  any,  to  be  returned 
to  the  Owner :  'Which  Warrant  fhall  be  in  the  following  Words,  "jiz. 

WHEREAS  Information,  upon  Oath,  hath  been  made  to  us,  Commiffion- 
ers for  the  Dijlri^  of  in  the  County  of  by  K.  B* 
Thai  C.  D.  is  a  Defaulter  upon  the  high  Roads,  with                     'Taxables,  for 
Days,  which,  at  the  Fine  of  Two  Shillings  and  Eight  Pence  each,  by 
Law  efiablijhed,  amounts  to  the  Sum  of                                       and  thai  the  faid 
C.  D.  hath  refufed  to  make  Satisfaction  for  the  fame: 

THESE  are  therefore  to  command  and  require  you  to  feize  fo  much  of  the 
Goods  and  Chattels  of  the  faid  C.  D.  as  will  pay  and  fatisfy  the  faid  Sum 
of  with  all  accruing  Cofts ;  and  the  fame  Goods  fo  feiz- 

cd,  unlefs  redeemed  by  Payment  of  the  fud  Sum  of  with 

Cofts,  in  Five  Days  after  Seizure,  that  you  fell  and  difpofe  of,  and  the  Money 
arifing  thereby,  you  pay  to  us,  at  the  Day  of  For 

which  this  fhall  be  your  fufScient  Warrant. 

XXXIV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all 
Fines  and  Forfeitures  mentioned  in  this  Ad,  fhall  be  to  the  Ufe  ot  the  Public  of 

thJts 


L    A    W   S      C'/"     N  O  R  T  I  -C  A  R  O  L  I  N  A.  I99 


this  Province,  and  Ihall  be  paid  to  the  ieveral  Commiflioners  in  their  relpedive    -^  ^-  '74s- 
Diftrids  where  the  iml  ¥nv'.s.  and  Forieitures  are  recovered  ;  to  be  applied  to  the  "^ 

making  and  repairing  the  Bridges  and  Water-Courfes  in  the  ieveral  Diitncls  where 
the  fame  fhall  be  rccovcrrd,  and  towards  paying  a  Clerk  for  entring  the  Proceed- 
ing's of  the  Commiflioners  of  the  faid  fc veral  and  rcfpedtive  Diifricls. 

XXXV.  AND  be  it  further  Enacted^  by  the  Authority ^afcrejaid^  That  no  J*l""4"'inB*n 
Member  of  his  Majefty's  Council,  or  Members  of  Aflembly,  no  Clergyman-,  the  Roads. 
Juftice  of « the  Peace,  Attorney  at  Law,  Clerk  of  any  Court,  Coroners,  Confta- 

bles,  School-Mafters,  Phyficians,  or  Surgeons^  or  Perfons  appointed  to  tend  Pub- 
lie  Parries,  or  Public  Grift-Millsj  Ihall  be  themfelvcs  compelled  to  work  on  any 
Roads  ;  neither  fhall  any  Perfon  be  himfeif  compelled  to  work,  who  ihall  fend 
Three  Perfons  out  of  his  own  Family  to  work  on  any  Road,  Bridge,  or  Cut. 

XXXVI.  AN  B  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  any  c-mmiffioners 
Commiffioner  or  CommifTionerSi  appointed  by  this  Act,  fhall  refufe  to  ad,  or  &c"othfrs"to't8 
fliall  die,  or  leave  the  Dilbid  of  which  he  or  they  are  Commiffioner  or  Commif-  appointed. 
fioners,  that  then,  and  in  fuch  Cafe,  the  remaining  Commiffioners  of  fuch  Dif- 

trids  where  fuch  Commiflloner  or  CommiiTioners  fliall  refufe  to  ad,  die*  or  leave 
the  Diitrid,  together  with  the  Juftices  of  the  County  Court,  at  the  next  County 
Court,  iliill  choofe  one  or  more  Commiflloner  or  Com miiTj oners,  to  fill  up  the 
Room  of  fuch  Commiflloner  or  Commiflioners  refufingj  dying,  or  removing,  as 
.aforefaid;  and  fuch  CommiiTioner  or  Commiflioners  fo  choien^  fhall  have  the 
fame  Power  and  Authority,  and  be  fubjed  to  the  fame  Ptijakies,  as  any  Com- 
miiTioner or  Commiflioners  in  this  Ad  before  named. 

XXXVII.  AND  whereas  by  a  late  Temporary  Act,  intituled,  An  Act.,  for 
■  laying  otity  mailing,  altering^  and  keeping  in  Repair y  the  fever al  Roads  V)ithin  the 

County  of  Bath,  i^c.  a  Tax  was  laid,  by  the  Commiflioners  of  Bladen  County, 
for  finiiliing  a  Bridge  over  Levington\  Creek  *,  which  Tax  was  not  fully  colleded 
before  the  Expiration  of  the  faid  Ad;  and  many  of  the  Perfons  fo  taxed  now  re- 
r  fufe  to  pay  the  fame,  becaufe  the  faid  Law  is  expired : 

XXXVIII.  Be  it  therefore  EnaEied^  by  the  Authority  aforefaid^  That  the  Com-  Commiffioners  cf. 
miflloners  appoint rd  by  this  Ad  for  the  faid  County,  in  their  feveral  and  re-  iffue'thmWa!- 
fpedive  Diflricts,  fhall  have  full  Power,  and  they  are  hereby  authorized  and  re-  lafit  for  levying » 
quired,  to  ifllie  their  Warrant  or  Warrants,  for  the  levying  the  faid  Tax  on  fuch 

Perfon  or  Perfons  who  have  not  already  paid  the  fame  •■,  and  the  faid  Tax  fhall 
be  levied  and  paid  in  the  fame  Manner,  and  under  the  fame  Penalties,  as  in  this 
Act  is  before  directed  tor  Taxes,  on  the  like  Occafion,  hereafter  to  be  laid  and 
collected  in  the  feveral  Diflricts  in  this  Act  appointed. 


CHAP.    VI. 

An  AB,  for  ercEiing  a  Fortification  on  the  lower  Part  of  Cape-Fear  Ri- 
-UtT,  for  applying  thereto  the  Powder-Money  already  arifen^  or  which 
Jhall  arife,  by  Shipping  cojntng  iiito  the  Port  of  Brunfwick. 

*•  TXr  H  E  R.E  A  S  from  the  prefent  War  with  France  and  Spain^  there  Is  Pfe»mbie. 

VV  great  Reafon  to  fear,  that  fuch  Parts  of  this  Province  which  are  fcitu- 
ated  moft  commodious;  for  Shipping  to  enter,  may  be  invaded  by  the  Enemy  : 
And  whereas  the  Entrance  of  Cape-Fear  River,  from  its  known  Depth  of  Water, 
and  other  Conveniencies  for  Navigation,  may  tempt  them  to  fuch  an  Enterprize, 

while 


soo 


L  A  TV  S     :>f    North-Carolina. 


^  D    i;4v    it  rtmains  in   fo  naked  and  dcttncelefs  a  Condition  as  it  now  is  :  Therefore,  fof 
V — ..^— ^  ^\^^  better  fecuring  of  the  Inhabitants  of  the  faid  River  from  any  Infult  and 
Invafion, 

IT.  W  E  pray  that  it  may  be  Ena(^ed,  And  he  li  Ena^ed^  hy  his  Excellency  Ga- 
^^Tnu^^T^e-  '^''^^^  Johnfton,  Efq;  Governor,  hy  ar.d  with  the  Advice  and  Cortfent  cf  his  Majejiy^s 
reft  the  Fort,  Coumil^  and  General  AJfemhly  of  this  Province,  cmd  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame,  rhat  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  the 
Honourable  Nathaniel  Rice,  Robert  Halton,  Eleazer  Allen,  Matthew  Rowan, 
Edward  M'-feley,  Roger  Moore,  JVilliam  Forbes,  Efqrs.  and  Col.  James  Innes, 
Wilham  Fans,  Efq-,  Major  John  Swanv,  and  George  Mocre,  Efqj  be,  and  are 
hereby  appointed  Commiflioners-,  who,  or  the  Majority  of  them,  fhall  have  full 
Power  and  Authority  to  ereft  and  build  a  Fort  or  Battery,  in  fuch  Place  on  the 
lower  i'arts  of  Cape-Fear  River,  as  to  the  Majority  of  them  fhall  feem  moft  con- 
venient, for  the  Defence  of  the  faid  RiVer :  Which  Fort  or  Battery  fhall  be  called 
Johnfton's,  Fort,  and  fhall  be  large  enough  to  contain,  at  leaft.  Twenty  Four 
Cannon,  with  Barracks,  and  other  ConveniencieSj  for  Soldiers. 

i*ov»der-Money  \\\.  A  N  D  fof  defraying  the  Charges  of  building  fuch  Fort  or  Battery,  Be  it 
buMn^itf  ^"''  Enacted,  by  the  Authority  aforefaid.  That  the  Powder-Money  already  paid  to  the 
Naval  Officer  of  Port  Brunfwick,  or  to  the  Commiflioners  of  Navigation  of  the 
faid  Port,  fince  the  Sixtli  Day  of  March,  One  Thoufand  Seven  Plundred  and 
Thirty  Eight-,  by  Virtue  of  an  Adof  Affembly,  intituled.  An  Act,  for  facilita- 
ting I  he  Navigation  of  the  fever al  Ports  of  this  Prcoince,  and  for  Buoying  and  Bea- 
coning the  Channels  leading  from  Ocacock  hdet,  to  Ed'enton,  Bath-Town,  and 
Newbern,  and  from  Topfail  Inlet,  to  Beaufort  Town,^  and  other  Ports  and  Inlets 
Within  the  faid  Province  herein  mentioned,  and  for  providing  fufficient  Pilots,  for 
the  fafe  Conduct  of  Vejfels  ;  and  all  Powder-Money  which  fhall  hereafter  arife,  by 
Veflels  coming  into  the  faid  Port  of  Brunfwick,  fhall  be  applied,  by  the  Commif- 
fioners  afordaid,  or  the  Majority  of  them,  (after  dedudting  a  Sum  fufficient  for 
finifhing  the  Polling  and  Staking  out  the  Channel  between  Brunfwick,  and  Wil- 
mington, not  exceeding  the  Sum  of  Fifteen  Pounds,  Proclamation  Money,)  ta 
the  Charge  of  buildmg  and  erecting  the  faid  Fortification  as  aforefaid,  and  to  no 
cthir  I'urpofe  or  Ufe  whatfoever ;  any  Thing  in  the  faid  Ad  to  the  contrary, 
notwithflanding. 

Na«i  offictr  to  IV.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral 
aecunt  with  the  Naval  Officers  of  the  Port  of  Brunfwick,  or  other  Pcrfons,  who  have  any  of  the 
foraTi  Powder-  Powder- Money  of,  or  belonging  to  the  faid  Port,  in  their  Hands-,  and  the  Naval 
Money.  Officer  who  fliall  hereafter  receive  any  Powder-Money  of  or  for  that  Port,  fhall, 

when  called  upon  by  the  aforefaid  Commiffioners,  or  the  major  Part  of  them,  ap- 
pear before  them,  and  fettle  their  Account,  upon  Oath,  and  pay  to  the  faid  Com- 
miflioners, or  the  Majority  of  them,  or  their  Order,  all  fuch  Sum  and  Sums  of 
Monty  already  received,  or  which  fiiall  hereafter  be  received  by  him  or  them  ; 
and  a  Keceipt,  under  the  Hands  of  the  faid  Commiflioners,  or  their  Order,  fhall 
be  a  fufficient  Difcharge  to  the  faid  Officer,  for  fuch  Sum  or  Sums  of  Money  fo 
paid. 

isiav»iofficer,&:c.  V.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  fuch 
fuct'^i"L'jrto  Perfon  or  Peffons,  who  have  already  received  any  Powder-Money  as  afore-men- 
forfdt  40 ). '  tioned,  or  who  hath  any  fuch  Money  in  his  tiands,  or  who  hereafter  fhall  receive 
any  fuch  Money,  fhall,  upon  dtie  Notice  given,  refufe  to  appear  to  account,  up- 
on Oath,  and  pay  the  Money  due  from  him  or  them,  he  or  they  fo  refufing  or 
neglecting,  fhall  forfeit  the  Sum  of  Forty  Pounds,  Proclamation  Money  ;  to  be 
recovered,  by  the  Commiflioners,  or  the  Majority  of  them,  by  Adtion  of  Debt, 
Bill,  Plaint,  or  Information,  in  the  General  Court  of  this  Province,  wherein  ho 

Pro- 


LAWS    ^"North-Carolina.  7,01 

— -f 


A.  D.    1745 


Proteclion,  Injunction,  or  Wager  of  Law,  lliall  be  allowed  or  admitted  of,  and 
applied  to\A^ards  building  the  uud  Fort ;  and  fhall  be  alfo  Jiable  to  an  Adion  for 
all  fuch  Sums  of  Money  as  are  in  his  or  their  Hands,  at  the  Suit  of  the  Commif- 
fioners  aforelaid,  or  the  major  Part  of  them. 

VI.  AND  be  it  further  Ena^ed,  by  the  Authority  afore faid.  That  if  any  one  N^mberofCum- 
or  more  or  the  Commiiuoners  beiore  mentioned,  Ihall  die,  or  remove  out  ot  this  kept  up. 
Province,  or  retuf;;  to  a6t,  that  in  fuch  Cafe  it  fhall  and   may   be  lawful  for  the 
Majority  of  the  remaining  Com  miffioners,  to  recommend  double  the  Number  of 

the  Perfon  or  Perfons  fo  dying,  leaving  the  Province,  or  refufing  to  adlr,  to  his 
Excellency  the  Governor  or  Commander  in  Chief  for  the  Time  being,  out  of 
which  he  is  hereby  impowcred  to  appoint  one  or  more  Commiffioners  to  a6t  in 
the  Room  of  fuch  fo  dying,  leaving  the  Province,  or  refufing  to  act,  as  aforefaid : 
And  fuch  Ccmmiilioner  or  Commiffioners  fo  appointed,  fhall  have  the  fame  Po<v- 
er  and  Authority  as  any  other  Commiffioner  or  Commiflioners  have,  or  ought  to 
have,  by  Virtue  of  this  Act. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com-  Commiffioners  to 
miffioners  herein  before  nominated  and  appointed,  are  hereby  compelled  to  lay  counts  be'Le^h* 
their  Accompts  before  the  Governor,  Council,  and  General  Alfembly  of  this  Pro-  Governor,  tc 
vince,  for  all  fucH  Sum  or  Sums  of  Money  as  they  fhall,  from  Time  to  Time, 

receive,  by  Virtue  of  this  Acl:. 


VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fliall  Commsffion, 
and  may  be  lawful  for  any  Perfon  or  Perfons,  by  the  Diredion  of  the  Commif-  Timb"r. ^^^ 
fionei's  aforefaid,  or  the  major  Part  of  them,  to  cut  down  and  make  Ufe  of  any 
Timber  Tree  or  Trees,  it  mding  or  growing  upon  any  of  the  moft  convenient 
JLands  to  the  faid  Fort,  to  be  ufed  in  building  and  ertdting  the  fame. 


ffioner* 
cenS 


CHAP.    VII. 

An  ASf,  fo  appoint  Commiffioners  in  the  Place  and  Stead  of  thofe  deceafed^ 
to  compleat  and  piijii  the  Church  at  Newbern,  and  for  addiiig  the  pre- 
Jent  Cburchivardcns  and  Vejlrymen  to  the  jaid  Co??imiJjioners ;  and  for 
empowering  the  faid  Commijjioners,  Churchivardejis^  a?id  Fejtrymen,  to 
Call  the  former  Commijjioners  to  Accowit,  for  all  the  Monies  by  them  re- 
ceived  for  the  Ue  of  the  faid  Church,  ajid  to  appropriate  it  to  the  Pur- 
pofe  aforefaid,  and,  in  Cafe  of  Infiifficieitcy,  to  lay  a  Levy  to  accotnpiijh 
the  fame. 

^'  "\  A/"  ^  ^  ^  ^  ^  ^  by  Virtue  of  an  A6t,  pafTed  at  Edmton,  the  Twenty  Se-  Preambk, 

V  V  cond  Day  of  Auguji,  Anno  Domini  One  Thoufand  Seven  Hundred  and 
Forty,  intituled.  An  A£i,  to  enable  the  Commiffioners  herein  after  appointed,  to  erect 
andfi:vfh  a  Church  in  Newbern  "Town,  for  the  better  regulating  the  faid  Town,  and 
for  other  Purpcfes  herein  after  mentioned,  William  IVilfon,  Adam  Moore,  William 
Herritagc,  George  Roberts,  and  George  Bould,  were  appointed  Commiffioners  to 
ereft,  build,  and  finilh  a  Church  at  Newbern  -,  and  the  faid  William  Wtlfon,  Adam 
Moore,  and  George  Roberts,  being  fmce  dead,  and  no  Power  in  the  faid  Law  to 
chufe  others  in  their  Room  -, 

II.  BE  it  therefore  Enacted,  by  his  Excellency  Gzhnt\  ]ohn^on,  Efq;  Gover-  Comm!/n.ne>, 
*^r,  by  and  with  the.  Advice  and  Confent  of  his  Majefifs  Council,  and  the  General  ZtT^^xSk 


202  LA   W  S    o/'North-Carolina. 


yf .    D 


'745.  JJfembly  cf  this  Province,  and  by  the  Authority  cf  the  fame.  That  the  prefent 
.   — ^  Churchwardens  and  Veftrymen  of  the  Parifti  ot  Chriji-Cburch,   together  with 
F3wer"''to  '"call  Johu  Fonvielk,  Edward  Bryan,  and  Chrifiopher-Gregory  Hobbs,  be,  and  are  here- 
the  former  Com-  bv  appointed  Commiflioners,  in  th'j  Room,  Place,  and  Stead  of  the  faid  J^^Z/mw 
AccounTyr"  aU  JVUfon,  Adam  Moore,  and  George  Roberts,  deceafed,  with  full  Power  and  Autho- 
Monies  i,y  them  j.j(.y  ^^  j,^|j  fo  Account  the  fomicr  Commiffioncrs,  for  all  the  Monies  by  them  col- 
lefted  and  received,  to  and  for  the  Ufe  of  the  faid  Church,  and  frorii  any  other 
Perfon  or  Perfons  who  may  have  any  of  the  faid  Monies  in  their  Hands  •,  and  in 
Cafe  of  Negled  or  Refufal  of  any  of  the  furviving  Commifiioners,  or  the  Heirs 
or  Executors  of  thofe  deceafed  Commifiioners,  or  any  other  Perfon  or  Perfons, 
as  aforefaid,  upon  the  Demand  of  the  Majority  of  the  prefent  Commiflioners, 
Churchwardens,  and  Veftrymen,  only  to  Jtccount  and  pay  down  all  fu'ch  Sum 
and  Sums  of  Money  as  are  remaining  due  and  unpaid  in  their  Hands  to  the  pre- 
fent Churchwardens  and  Commiflioners,  as  aforefaid,  who  are  hereby  impowered 
to  give  Difcharges  for  the  fame,  that  then,  and  in  fuch  Cafe,  fuch  Commiflloner 
or  Commiflioners,  or  the  Pleirs,  P^xecutors,  or  Adminiftrators  of  thofe  deceafed 
Perfons,  or  other  Perfon  or  Perfons  concerned  therein,  Ifiall  forfeit  and  pay,  unto 
the  prefent  Churchwardens  and  Commiflioners,  the  Sum  of  One  Hundred  Pounds, 
Proclamation  Money  •,  and  further,  fliall  be  liable  to  an  Action,  at  the  Suit  of  the 
Commiflioners  and  Churchwardens,  for  all  fuch  Sum  and  Sums  ot  Money  as  fliall 
appear  he  or  they  are  fo  in  Arrear  •,  which  faid  Sum  of  One  Hundred  Pounds, 
Proclamation  Money,  fhall  be  applied  for  and  towards  finifliing,  compleating, 
and  building  the  faid  Church. 

Commiffiontrs  to       jn.  A  N B  be  it  EnaEfed,  by  the  Authority  aforefaid.  That  in  Cafe  there  fliould 

fin'i'fhihe Church  not  appear  to  be  a  fufiicicnt  Sum  of  Money  in  the  Hands  of  the  former  Commif- 

if  not  fufficient  fioncrs.  Or  in  the  Hands  of  the  Heirs,  Executors,  or  Adminifliratorsof  thofe  Com- 

.ireadycoiieaed.  j^^j^jo^ers  dcccafed,  to  finifli  the  faid  Church,  that  then,  and  in  fuch  Cafe,  it 

fhall  and  may  be  lawful  for  the  prefent  Churchwardens  and  Veftry,  together  with 

the  prefent  Commiflioners,  to  lay  fuch  a  Levy  as  v/ill  be  fufficient  for  the  com- 

T  pleating  the  fame,  with  as  much  Expedition   as  pofiibly  may  be :  Any  Thing 

herein  contained  to  the  contrary,  notwithftanding. 


CHAP.     VIII. 

An  A6f,  to  add  that  Part  of  the  Province  called  Mattamufkeet,    and 

Lake,  to  Hyde  County. 

Preamble.  I.  TTTHEREAS  the  Inhabitants  of  Mattamufkeet,  and  the  Lake,  for 

W  thefe  many  Years  paft,  have  been  obliged  to  attend  Currituck  County 
Court,  being  from  their  Habitations  upwards  of  One  Hundred  Miles,  through 
a  bleak  and  dangcrofis  Sound,  which  is  always  attended  with  great  Fatigue,  and 
often  Times  there  Lives  expofed  to  great  Danger,  and  trequcntly,  by  contrary 
Winds,  difappointed  of  their  Paflages,  and  detained  from  their  Families :  For 
Remedy  whereof  for  the  future, 

Miitsmujkeet  H.  W  E  pray  it  may  be  Enaftcd,  And  it  is  hereby  EnaBed,  hy  his  Excellency 

%ZLlTy  °'  Gabriel  Johnfl:on,  Efq;  Governor,  by'  and  with  the  Advice  and  Confent  cf  his 
Majefifs  Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority 
of  the  fame,  Th^t  MattaMuJkeet,  and  the  Lake  thereunto  belonging,  fliall,  from 
henceforward,  be  accounted,  taken,  reckoned,  and  deemed  Part  ot  Hyde  County  ; 
and  that  the  Inhabitants  thereof  fliall  be  fubjcd  and  liable  to  the  fame  Orders, 
Rules,  and  Taxes,  as  any  other  of  the  Inhabitants  of  the  faid  County  ijn:,  or  here- 
after fliall  be  i  any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwitliftanding. 

C  H  "A  P. 


L  A  V/  S     of    North-Carolina.  ^q-, 

A.  D.    1745. 

C  H  A  p.     IX,  ^->^ 

An  AB,  to  impower  the  C9nwvj]ioners  for  the  Tonvn  of  Edentoiij  to  keep 
in  Repair  the  Town  Fence,  and  to  creB  afid  build  a  Pound,  Bridges, 
Public  Wharf,  and  Market-houfe ;  as  alfo  to  ereB  and  build  a  School- 
houfe  in  the  faid  T^own,  and  other  Purpofes  fherei?i  mentioficd.     "< 

I.  13  -E  'i  Ena^ed,  by  his  Excelkncy  Gabriel  Johnflon^    £/j-,   Govirnor,  by  and  comm^ffioners  w 


B 


vnth  the  Advice  and  Confent  of  his  Majejly's  Council,  and  General  Af-  j'^i 


Ijy  a  Tax  on  the 


ibitants 


fembly  of  this  Provincey  and  by  the  Authority  of  the  fame.  That  the  Commifiioners  '^=^1'  th.;  x.wn 
already  appointed,  ftr  who  (hall  hereafter  be  appointed  for  the  laid  Town,  or  the  inRlp'a'ir. ''''"'' 
Majority  of  them,  are  hereby  authorized  and  impowered,  by  the  Name  of  the 
CommiiTioners  of  Edenton,  from  Time  to  Time,  and  at  all  Times  hereafter,  to 
lay  a  Tax  on  the  Inhabitants  of  the  faid  Town,  not  exceeding  Eight  Pence,  Pro- 
clamation Money,  per  Annum,  on  each  and  every  Lot,  poffefied  by  each  and 
every  Perfon  or  Perfons  refiding  within  the  faid  Town,  for  to  keep  the  Town 
Gates,  and  Fence  round  the  faid  Town,  in  good  Repair  -,  which  Tax  fhall  be 
Annually  colledied  and  levied  b^  a  Perfon,  Irom  Time  to  Time,  to  be  appointed 
by  the  Commillioners  of  the  faid  Town,  or  the  Majority  of  them,  and  by  the 
faid  Commifiioners,  or  Majority  of  them,  applied  for  the  Ufes  and  Purpofes  be- 
fore mentioned  ;  and  on  Non-p4yment  of  the  faid  Tax,  the  Perfon  appointed  to 
colle6t  the  fame,  is  hereby  impowered  to  make  Diflrefs  on  the  Goods  and  Chat-  ^ 
tels  of  fuch  Perfon  who  fhall  rcfufe  to  pay  the  fame,  and  to  fell  the  fame  at  Pub- 
lic Vendue,  and  the  Overplus,  if  any,  to  return  to  the  Owner,  after  paying  the 
faid  Tax,  and  the  Coils  of  fuch  Diftrefs. 

II.  AND  be  it  further  Ena&ed,  by  the  Authority  afcrefaid.  That  no  Perfon  N«ne  but  inhabit 
or  Perfons  whofocver,  except  the  Inhabitai;!:s  of  the  faid  I'own,  Ihall  keep,  or  stocV^^TowS' 
caufe  to  be  kept,  any  Horfe,  Cattle,  or  Sheep,  .within  the  faid  Town,  under  the  on  P«:n.  of  20  s.' 
Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  each  and  every  Offence  ; 

to  be  recovered  and  applied  as  in  this  Ad  is  hereafter  direded. 

III.  AND  he  it  further  EnnSfed,  by  the  Authority  afore  faid.  That  none  of  what  Number  of 
the  Inhabitants  of  the  laid  Town,  fhall   keep,  .or  caufe  to  be  kept,  running  at  ff  l^'^   ^"i'^'''" 

.,.,»  1"  '■  ,  •*  o  tants  may  keep, 

large  withm  the  Bounds  or  the  faid  Town,  more  than  Six  Head  of  Sheep,  one 
Cow,  and  one  Horfe,  for  one  Lot,  and  fo  in  Proportion  for  each  and  every  Lot 
by  him,  her,  or  them  fo  poifelfed,  under  the  Penalty  of  Twenty  Shillings,  Pro- 
clamation Money,  for  each  and  every  Offence  ;  to  be  recovered  and  applied  as  in 
this  Ad  is  hereafter  direded.  ' 

IV.  AN D  be  it  further  EnaSfed,  by  the  Authority  afcrefaid^  That  the  Com-  Commiffioners  to 
miffioners  of  the  faid  Town,  or  the  Majority  of  them^  are  hereby  authorized  and  n'Jii'J.esf  w"hnrf, 

-impowered,  to  erect  and  build  a  Pound,  i^ridges.  Public  Wharf,  Market-houfe,  Markct'-home,' 
and  School-houfe,  in  fuch  Public  Places  in  the  faid  Town  as  they,  or  the  Ma-  hots'"""'" 
jority  of  them,  Ihali  think  mofl  convenient,  for  the  Eafe  and  Advantage  of  the 
Inhabitants  of  the  faid  Town  :  And  for  defraying  the  Expence  of  building  and 
ereding  tlie  find  Pound,  Bridges,  Public  Wharf,  Markt-t-houfe,  and  School- 
houfe,  the  f  lid  Commiffioners  fhall  be  allowed  and  paid,  out  of  the  Money  alrea- 
dy^arifcn,  and  not  appUed,  and  which  li>  rtaftcr  fhall  arife,  by  the  Sale  of  Lots' 
in  the  faid  Town  ;  any  Law,  Ufage,  orCuifom,  to  the  contrary,  notwithftanding. 

t  V-'V.  AND  he  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  feveral  Penalties  how  xt, 
■:  Penalties  in^this  Ad  mentioned,  Ihall  be  recovered  by  a  Warrant  before  Two  of  t^^'"'^  '"* 
*.his  Majsfty's  Jufcices  of  the  Peace,  and  be  applied,  by  the  Majority  of  the  Com- 
»-'■"'  i  miflioners 


204  LAWS    of    North-Carolina. 

A.  D.  J74S.    niiffioners  of  the  faid  Town,  towards  the  erefting  and  building  the  faid  Pound, 
V       ^       J  Bridges,  Public  Wharf,  Market-houfe,  and  School- houfe. 

G ommiflioners  VI.  A  N D  be  it  further  Enacted^  by  the  Authoriiy  aforefaid^  That  the  Commif- 
natkns,  'for  the  fioncrs  of  Edentoti  may  receive  Donations  and  Subfcriptions,  towards  defraying 
Schooi.houfe.  jj^g  Expences  of  building  the  School-houfe  in  the  faid  Town,  and  apply  the  fame 
acco?;dingly ;  and  may,  in  their  Names,  or  in  the  Names  of  the  Commiffioners 
for  the  Time  being,  commence  Suits  or  Actions  for  the  Recovery  of  any  Sums, 
given  or  fubfcribed  to  be  paid,  for  the  Purpofe  atorefaid,  by  any  Perfon  or  Per- 
fons  whofoever. 


P/e»mtIe. 


C  H  A  P.    X. 

An  ASiy  for  the  better  regulating  the  To'wn  of  Wilmington,  and  for  con- 
frming  and  efiablifnng  the  late  Survey  of  the  fame,  with  the  Plan 
annexed. 

I.  "CTTHEREAS  the  Inhabitants,  and  the  greateft  Part  of  the  Proprietors 
y  Y  of  the  Town  ot  Wilmington^  iiave  been  at  a  very  confiderable  Expence 
in  a  Re-furvey,  and  forming  of  an  exaft  Plan,  of  the  laid  Town ;  and  being 
unanimous  in  petitioning  for  the  fame  to  be  eftablifhcd  by  a  Law : 

•onfirmld."  °*"  ^^  5  E  it  EuaEled^  by  his  Excellency  Gabriel  Johnfton,  E[q^  -,  Governort  by  and 
with  the  Advice  and  Con  font  of  his  Majefiy^s  Council.,  and  Central  Ajjemlly  of  this 
Province^  and  by  the  Authority  of  the  fame ^  That  the  faid  Plan,  as  annexed,  Ihall 
be,  for  ever  hereafter,  the  true  and  exa<5t  Plan  of  the  faid  Town  •,  by  a  Reltrence 
to  which,  all  Difputes  in  Regard  to  Streets,  Squares,  Lots,  and  their  Boundaries, 
are  to  be  determined  for  the  future. 

Differences  about  III.  BUT  whercas  by  the  Unfkilfulnefs  of  former  Surveyors,  and  Negleft  of 
H^ufes"^&e?  hf  ^hs  Proprietors,  the  Courfe  of  the  Streets,  and  Bounds  of  the  Squares  and  Lots, 
the  Town,  how  wcrc  ncvef  properly  afcertained;  by  which  many  Houfes  are  mifplaced,  feme  in- 
*"*'  croaching  upon  the  Streets^  and  others  upon  the  Lots  of  their  Neighbours :  For 

Remedy  whereof.  Be  it  EnaUiedy  by  the  Authority  aforefaid^  That  all  fuch  Houfes 
as  are  now  built,  either  wholly*  or  in  Part,  upon  the  Streets,  fhall  be  allowed  to 
remain  fo  till  they  decay  and  fall  to  Ruin  ;  but  as  foon  as  the  Owner  of  fuch 
Houfe  or  Houfes  may  refolve  to  repair  or  rebuild  the  fame,  the  Street  or  Streets 
fhall  be  by  him  cleared  of  all  Rubbifli,  and  he  be  obliged  to  build  fuch  Houfe  or 
Houfes  upon  his  or  their  Lot  or  Lots,  under  the  Penalty  of  Fitty  Pounds,  Pro- 
clamation Money  ;  to  be  recovered  and  applied  as  is  herein  after  direded  :  And 
where  any  Ov/ner  or  Proprietor  has  the  Whole,  or  any  Part,  of  his  Houfe  or 
Houfes  on  his  Neighbour's  Lot  or  Ground,  in  fuch  Cafe  it  fhail  and  may  be  law- 
ful for  the  Party  fo  injured,  by  being  deprived  of  Part  of  his  Lot  or  Ground  by 
his  Neighbour's  Houfe,  or  any  Part  of  it  being  built  upon  his,  to  give  Notice, 
in  Writing,  to  the  Owner  or  Proprietor  of  fuch  Houfe  or  Floufes,  to  remove 
what  of  the  fame  is  on  fuch  Perfon's  Lot  or  Ground,  in  Six  Months  after  Date  j 
which  he  Ihall  be  obliged  to  do,  under  Penalty  of  Fifty  Pounds,  Proclamation 
Money  -,  to  be  recovered  in  the  Supreme  Court  of  this  Province,  by  the  Fiirty  fo 
injured,  and  to  be  appplied  to  his  proper  Ufe,  and  to  no  other  Purpofe  whatfotvcr  i 
Neverthelefs,  the  Owner  or  Proprietor  of  a  Houfe  or  Houfes,  having  Brick  Chim* 
neys,  or  Brick  Cellars,  may  be  at  Liberty,  and  he  is  hereby  allowed,  to  pay  a 
Ground  Rent  for  what  Part  he  incroachcs  upon  his  Neighbour,  v/here  Notice  or 
Warning  was  not  before  given  of  fuch  Incroachmcnt  j  which  Rent,  and  all  Dif- 

puccfl 


/. 


L  A   IV  S     o/"    North-Caro  L  I  N  A.  205 


'  '■'■<: 


putvTS  ahiiiig  about  Incroachmcnts  and  Damages  upon  Lots  already  committed, 
(hall  b;  determined  by  the  Commiffioners  of  the  faid  Town,  to  be  ehofen  as  here- 
in ait.r  direiSted. 


V?.  D.    1745 

>»— — .^ — . 


IV.  AND  be  it  further  Enacted^  hy  the  Authority  aforefaid.  That  every  Com-  Compiamts  to  be 
plaint  of  Nufances,  by  Lumber  or  Rubbifh  lying  upon  the  Streets,  or  Wharfs,  S^^^^J;^,;^' 
Dangers  of  Fire,  arifing  from  Wooden  Chimnies,  or  any  fuch  hazardous  Build- 
ings, (hall  be  determined  by  the  Com.miiTioners  as  aforefaid.  * 

V.  AND  that  proper  Care  may  be  taken  in  the  Choice  of  Commlflloners,  tieaionofCom- 
Be  it  Enacted,  by  the  Authority  aforefaid.  That  the  Eledcion  of  Commiffioners  '"''^'"""S' 
fhall  be.  Yearly,  and  every  Year,  by  the  Freeholders  of  the  {liid  Town,  by  Bal- 
lot, as  directed  in  the  Law  for  Regulating  the  Elections  of  Members  of  Aflem- 

bly,  and  that  the  Number  of  Five,  and  no  more,  fhall  be  ehofen  CommifTionera 
Annually,  every  New- Year's  Day,  except  when  fuch  Day  falls  upon  a  Sunday,  in 
which  Cafe  the  Ele6tion  to  be  on  the  Monday  following  ;  and  Two  Perfons,  to  be 
ehofen  by  the  Majority  of  the  Inhabitants,  as  Infpedors  of  the  Ballot,  fliall  attend, 
and  declare  who  are  duly  elefled  CommiiTioners,  in  the  fame  Manner  as  in  the 
Law  for  Regulating  Ele6tions  of  Aflfembly  :  And  that  upon  the  faid  Five  Com- 
miiTioners being  ehofen,  and  their  Names  properly  entered  in  the  Journal  of  the 
Proceedings  of  the  Town,  they  fhall,  before  tliey  enter  upon  their  Office,  take 
the  following  Oath : 

I  A.  B.  do  fwear,  'That  I  will  execute  the  Office  of  a  Commiffiomr,  faithfully  and  Their  Oatjt^ 
truly,  "without  Favour  or  Affe^ion,  or  Prejudice  •,  and  in  all  Things  act  for  the 
Good  of  the  faid  Town,  and  the  well  governing  of  it,  to  the  befi  of  my  Skill  and 
Judgment* 

So  help  me  God^ 

VI.  AND  that  the  faid  Town  of  TVihnington  may  be  mofe  regularly  fupplied  Markets  fettle*, 
with  Provifions,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  Thurfdays  and 
Saturdays,  in  every  Week,  are  hereby  appointed  Market  Days,  for  all  Kinds  of 
Provifions  and  Goods  whatfoever  ;  and  the  Commiflioners  of  the  faid  Town,  for 

the  Time  being,  are  hereby  impowered  to  pafa  fuch  Orders  as  they  may  judge 
proper,  for  the  better  Regulating  the  faid  Markets,  for  preventing  tainted  or  un- 
wholfome  Provifions  being  fold,  for  the  better  bringing  to  Juflicc,  or  profecu- 
ting  according  to  Law,  in  the  Civil  Courts  of  this  Province,  all  Foreftallers  of 
the  Market,  private  marketing,  or  buying  or  dealing  with  Negroes  bringing 
Provifions  or  other  Goods  without  proper  Tickets  from  their  Mafters,  MiftrelTes^ 
or  Overfeers,  for  preventing  all  irregular  Mobbs  and  Cabals  by  Negroes  and 
others,  efpecially  on  Sundays,  for  the  more  effedlually  bringing  to  Jullice  all  fuch 
Criminals  and  Offenders  againft  the  Laws  of  this  Province,  and  alfo'  for  preferv- 
ing  the  Peace  and  Safety  of  the  faid  Town,  by  appointing  proper  Guards  of 
\Vatches  in  the  faid  Town,  as  often  as  they  fee  proper,  fo  as  one  of  the  Commif- 
fioners  fliall  always  be  of  the  Number  to  make  up  the  faid  Watch,  by  giving  his 
Attendance  in  the  Town-houfe,  to  be  ready  on  all  Occafions  of  Riots  and  Dif- 
turbances,  or  to  prevent  Malefa6lors  breaking  the  Prifon  of  Goal,  and  in  all 
Things  to  adl  for  the  Good  and  Safety  of  the  faid  Town,  and  the  proper  Go- 
vernment of  it,  confiftent  with  the  Laws  and  Cufloms  of  this  Province, 

VII.  AND  forafmuch  as  the  Inhabitants  of  the  faid  Town  Were  at  a  confidef-  Public  Meetingif 
able  Expence  in  building  a  Town-houfe,  or  Court-houfe,  in  the  faid  Town,  by  court-houfe/ 
a  voluntary  Contribution  •,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  the 
CommiiTioners,  and  the  Inhabitants,  fhall  have  free  Liberty  to  hold  all  their  Pub- 
lick  Meetings  on  all  Occafions  in  the  Court-houfe,  and  have  the  Liberty  of  a  Key 
%)  the  fame. 

F  f  f  VIII.  AND 


tSt^SftKt^^^ 


206  L  A  IV  S    p/'North-Carolina. 

A.  D.    1745. 

*^— y '      VIII.  AND  whereas  many  Streets  in  the  faid  Town  are  unpaflable  and  dan- 

ian'Tax^"rde-  gerous,  foF  Want  of  proper  Bridges  and  Water-Courles,  and  proper  Shambles 
ftay  neccffjry     qj.  3  Market-placc  is  alfo  wanted  in  the  faid  Town  ;  Be  it  Enacted,  by  the  Authority 
arges.  aforefuid.  That  the  Commiflioners,  or  the  Majority  of  them,  for  the  Time  being, 

may,  and  they  are  hereby  impowered,  to  lay  a  Tax  on  all  Male  Taxables  in  the 
faid  Town,  Yearly,  towards  defraying  fuch  neceffary  Charges,  or  any  which 
may  arife,  by  holding  Watches,  building  or  repairing  Public  Wharfs,  or  Bridg- 
es, or  other  Public  Charges,  which  may  be  agreed  upon,  at  the  Yearly  Public 
Eledlion,  by  the  Majority  of  tlie  Inhabitants  of  the  faid  Town ;  fo  as  fuch  Yearly- 
Tax  does  not  exceed  One  Shilling  and  Six  Pence,  Proclamation  Money. 

Commiffionerre-       IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.   That  any  Per-^ 
fufing  to  aa   a-  ^^^  htmg  chofen  CommifTioner  for  the  faid  Town,  and  refufing  to  ad,  the  other 

notner    to    be  .^  iTV/r"-  c      ^  /i..i,- 

•hofcii.  Commiflioners,  or  the  Majority  ot  them,  fhall  choofe  another,  in  his  Room. 

Fines  appropria-  X.  AND  be  it  further  EnaBed,  by  the  Authority  afore  faid.  That  all  Fines 
and  Forfeitures,  mentioned  in  this  A61,  unapplied,  flaall  be  levied  and  applied  tq 
the  Public  Fund  or  Stock  of  the  fiid  Town. 


Kd, 


every  Kefufal. 


Inhabitants  to  XI.  AND  be  it  fufther  Enacted,  by  the  Authority  aforefaid.  That  the  Com- 
ciear  and  repair  mlflloners  are  hereby  impowered  to  iffue  their  Warrant,  at  leaft  Twice  a  Year, 
I'cn.  ofTs.' 8  d!  to  the  Conflables,  to  warn  all  the  Male  Taxables  to  clear  and  repair  the  Streets, 
ev'r^'u'^filfn/"'  ^^  makc  or  mend  the  Public  Wharfs,  Docks,  or  Slips,  and  alfo  to  appoint  Over- 
fecrs  ;  and  any  Perfon  neglcdling  or  refufing  to  work,  as  directed  in  the  War- 
rant, or  to  furnilh  a  good  and  fufficient  Hand  in  their  Place,  Ihall  forfeit  and 
pay  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  per  Day,  for  every 
luch  Refufal  or  Negleft ;  to  be  recovered  in  the  fame  Manner  as  the  Commif- 
fioners  of  the  Roads  are  impowered  by  Law :  Which  Money  fo  recovered,  fhall 
be  applied  towards  hiring  Labourers  in  their  Place  and  Stead,  and  to  no  other 
Purpofe  whatfoever. 


tttMki  from         XII-  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.   That  the  Inha-* 
i>rking  o«  the  bitants  of  the  faid  Town,  fliall,  and  they  are  hereby,  for  ever  hereafter,  excufed 
from  all  Work  on  the  Country  Public  Roads,  during  fuch  Time  as  they  live  in 
the  faid  Town,  and  no  longer. 


Public  Roads, 


rroprietori  to  XIII.  AND  whcFcas  many  Lots  are  not  yet  cleared,  nor  proper  Drains  or 
•lear  their  Lots,  Runs  made,  in  many  Places  near  the  Parts  of  the  Town  where  there  are  moll  In-* 
tm  en.  u  aos.  j^^j^jj-^^rits,  to  the  manifeft  Injury  and  Unhealthinefs  of  the  faid  Town  -,  Be  it  there* 
fore  Enacted,  by  the  Authority  aforefaid.  That  the  Commiflioners  for  the  Time 
being,  or  the  Majority  of  them,  may,  and  they  are  hereby  impowered,  to  order 
the  Proprietors  of  any  Lot  or  Lots,  to  clear  all,  or  any  Part  of  them,  and  to 
make  proper  Drains  or  Water-Courfes  through  them,  in  Six  Months  after  fuch 
Order,  figned  by  the  Commiflioners  for  the  Time  being,  or  the  Majority  of 
them  -,  and  any  Perfon  refufing  or  neglefting  to  comply  with  the  fame,  ihall  for« 
feit  and  pay  Twenty  Shillings,  Proclamation  Money. 

Tax  laid  an  t!ie  XIV.  AND  whcrcas  the  Dangers  arifing  from  Fire  in  the  faid  Town  are  very 
Houfej,  to  pro-  great,  and  a  Necefllty  appears  for  providing  a  Water-Engine,  Buckets,  Ladders, 
J*i«,^T'^"'  ^"^  ^'^^'^  Inftruments,  neceflTary  on  fuch  Occafions ;  Be  it  Ena^ed,  by  the  Au- 
thority aforefaid.  That  every  Houfe  in  the  faid  Town  fhall  be  valued,  after  the 
Expiration  of  Two  Years  next  after  the  Ratification  of  this  Aft,  by  the  Commif- 
fioner*,  who  are  hereby  impowered  to  lay  a  Tax  on  the  Owner  or  Proprietor  of 
fuch  Houfe  or  Houfes,  at  fo  much  per  Cent,  fo  as  fuch  Tax  does  not  exceed 
Two  psr  Cent.  Proclamation  Money  -,  which  Money  fo  laid  and  colle^ed,  fhall 

be 


LAWS      of     N  OR  TH-C  A  R  OL  I  N  A.  20/ 

be  applied  towards  purchafing  one  or  more  Water-Engines,  Buckets,  Ladders,    ^-  ^-  ^'-^i- 
and  other  Inftruments,  for  extinguifhing  Fire  j  as  alfo  for  an  Alarm  or  Town  "^        '^        ' 
Bell :  Which  Inftruments  lliall  be  under  the  Care  and  DirecStion  of  the  Commif- 
fioners  for  the  Time  being,  to  be  ready  on  all  Occafions  of  Fire. 


i:t3nts 


XV".  A  N  D  to  fupply  the  Want  of  Commiffioners  at  prefent,  Be  H  Enacted,  infiahiu.... 
ly  the  Authority  aforefaid.  That  the  Inhabitants  of  the  faid  Town  be,  and  are  '"''■'^''^.^  ^°'"" 
hereby  impowered  and  authorifed,  to  meet,  on  the  Second  'Tuefday  in  May  next, 
jind  choofe  Five  Commiiiloners,  to  aft  'til  New- Year's  Day  next,  and  no  longer. 


XVI.  AND  he  it  further  Ena£ied^   by  the  Authority  aforcfaid^  That  if  at  any  CrJinar, keepers 
Time,  Twenty  Days  after  the  Ratification  of  this  Ad,  any  Tavern-keeper,  Or-  '^}  ^"  !"ff''=' . 
dinary-keeper,    or  any  other  Perfon  or  Feribns  whatfoever,    felling  Liquor  or  Houiis^on'the 
keeping  a  Public  Houfc  in  the  f:xid  Town,  Hiall  fulfer  any  Perfon  or  Perfons  pi"^','f ^^Y'  "^ 
whatfoever  to  fit  tippling  or  drinking  in  his  Houfe  in  Time  of  Divine  Service 

on  the  Sabbath  Day  ;  or  lliall  fuffer  any  Perfon  or  Perfons  to  get  drunk  in  his 
Houfe  on  the  Sabbath  Day  ;  fuch  Perfon  or  Perfons  fo  offending,  fhall  forfeit 
and  pay,  for  every  fuch  Offence,  the  Sum  of  Twenty  Shillings,  Proclamation 
Money. 

XVII.  AND  be  it  further  E?ia£fed,  by  the  Authority  aforefaid.  That  if  any  Not  to  trud  Sai- 
Perfon  or  Perfons  whofoever,  in  the  faid  Town,  fliall,  one  Month  after  the  Rati-  {^Jj;-  °\f^^^  "^ 
fication  of  this  Acl,    on  any  Pretence  whatfoever,  give  any  Credit,   Loan,  or  °  '"^ '  * 
Trufl,  to  any  Marintr  or  Seaman,  belonging  to,  or  under  the  Command  of  any 

Mafler  of  a  VefTel  that  now  is,  or  lliall,  at  any  Time  hereafter,  arrive  in  the 
River  of  Cape-Fear,  exceeding  the  Sum  of  Two  Shillings  and  Eight  Pence, 
Proclamation  Money,  except  by  the  Leave  or  Licence  of  the  Mafler  or  Com- 
mander of  the  VefTel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fhall  have 
left  the  Ship  or  Veffel,  to  apply  to  the  Courts  of  Juflice,  in  any  Difpute  or  Con-  • 
f rover fy  with  the  Captain  or  Cammander  of  fuch  Ship  or  Veffel ;  that  then, 
and  in  fuch  Cafe,  he,  Ifie,  or  they,  fhall,  for  every  fuch  Default,  lofc  all  the 
Monies  and  Goods  fo  trultcd  or  credited. 

XVni.  ANDbeit  further  Enabled,   ly  the  Authority  aforefaid.   That  if  any  no  Perfon  t« 
Perfon  or  Perfons  whofoever,  fhall,  willingly  and  knowingly,  entertain,  harbour,  J^^bo"^  Saiior», 
or  keep,  or  fuffer  to  be  entertained,  harboured,  or  kept,  diredly  or  indireftly,  ''"^'■^"•^'40  3. 
any  Seaman,  belonging  to  any  VefTel,  as  aforefaid,  in  his,  her,  or  their  Houfe 
or  Houfes,  exceeding  the  Space  of  Six  Hours,  without  the  Privity  or  Confent  of 
his  or  their  Commander,  (except  as  in  the  Cafe  before  excepted)  he,  flie,  or  they, 
fo  offending,  fhall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Mo- 
-ney,  for  every  fuch  Offence. 

XIX.  AND  be  it  further  Ena^ied,  by  the  Authority  aforefaid.  That  if  any  Right  of  Appni, 
^Perfon  or  Perfons  fhall  think  him  or  themfelves  injured,  by  any  Determination 

,of  the  faid  Commiflioners,  luch  Perfon  or  Perfons  may  appeal  to  the  Juflices  of 
.the  County  Court ;  who  are  hereby  impowered  to  determine  the  fame  in  a  flim- 
/mary  Way. 

XX.  AND  be  it  further  EnaEled,   by  the  Authority  aforefaid.  That  ail  Fines  Fines  how  to  t* 
and  Forfeitures  mentioned  in  this  Ad,  not  exceeding  Five  Pounds,  Proclamation  'Xf'*  ^* 
Money,  fhall  be  recovered  by  a  Warrant,  under  the  Hands  and  Seals  of  the 
CommifTioners,  or  the  Majority  of  them,  for  the  Time  being,  directed  to  the 
Conitable  or  Bailiff  of  the  faid  Town,  to  be  by  him  levied  on  the  Goods  and 

Chattels  of  the  Delinquent,  and  Public  5ale  to  be  made  of  fo  much  of  the  fame, 
after  Ten  Days  Notice  firft  given  of  fuch  Sale,  as  will  difcharge  the  faid  Sum  or 
Sums,  and  the  Overplus,  if  any,  to  be  returned  to  the  Owner  i  and  that  all  other 

Fines 


2o3  LAWS    of    North- Carolina. 

Fines  and  Forfeitures  mentioned  in  this  Acl,  for  any  Sum  above  Five  Pounds, 
Proclamation  Money,  fhall  be  recovered  by  the  Commiflioners,  or  the  major 
Part  of  them,  or  the  Survivors  of  them,  in  any  Court  of  Record  of  this  Province, 
by  A6lion  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  Effoign,  Injunftion, 
or  Wager  of  Lav/,  fhall  be  allowed  or  admitted  of;  and  that  the  Fines  and 
Forteitures  by  them  fo  recovered,  and  not  herein  before  particularly  appropriated, 
Ihall  be  applied  and  paid  into  the  Stock  of  the  faid  Town. 

In  Cafe  of  Dearth  XXI.  A  N  D  bc  tt  further  Euacted,  by  the  Authority  afore  faid.  That  if  any 
fioner°,  iThTbil  of  the  Commiffioncrs,  chofen  by  Virtue  of  this  Acf,  Ihall  die,  or  leave  the  Pro- 
tant.  to  choofe  yince,  it  fhall  and  may  be  lawful  for  the  Inhabitants  to  meet,  and  choofe,  as  be- 
fore directed,  a  Commiflioner  or  CommifTioncrs,  in  Place  of  him  or  them  fo  dy- 
ing or  leaving  the  Province  -,  and  fuch  Commiflioner  or  Commiflioners  fo  chofen 
and  eleftcd,  fhall  pofTefs  and  enjoy  the  fame  Power  and  Authority  as  any  other 
of  the  CommifTioners,  chofen  as  before  dircfted  \  any  Thing  in  this  A{51  to  the 
contrary,  notwithftanding. 


others. 


C  H  A  P.     XI. 

An  A51,  for  Fencing  the  Town  of  Bath,  and  re-fiirveying  the  Common 

belonging  to  the  faid  Town,  and  exe?nptin^  the  hihabit  ants  from  working 

■  on  the  Main  Roads  ;  and  to  gi've  Liberty  to  the  Inhabitants  to  build  on 

and  improve  the  Front  or  Water  Lots,  and  to  appoint  CommiJJiojiers  for 

the  Purpofes  aforefaid. 

p«a!hbi*.      "    I.  T  T  T  H  E  R  E  A  S  the  inclofmg  and  fencing  in  the  Town  of  Bath,  will  be 
W     "o^  o"-y  commodious  to  the  Inhabitants,  but  convenient  to  Traveller* 
pafling  that  Way  : 

Inhabitants  im  •  II.  W  E  therefore  pray  that  it  may  be  Enadled,  And  be  it  Enacted,  by  his  Ex- 
InThrxow^'""  ffZ/fw^*  Gabriel  Johnfton,  Efq;  Governor,  by  andnvith  the  Advice  and  Confent  of 
bis  Majejiy's  Council,  and  General  Ajfembly  of  this  Province,  and  by  the  Authority 
of  the  fame.  That  the  Inhabitants  of  Bath-Town,  at  their  own  proper  Cofls  and 
Charges,  ihall  be  obliged  to  make,  and  keep  in  Repair,  a  good  and  fufhcient 
Fence,  with  one  large  Gate,  fit  for  Carts  to  pafs  througli,  and  one  lefTcr  Gate,- 
fit  for  Men  and  Horfes  to  pafs  through. 

Commimoncr.  te  III.  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com* 
W  »  1"^'''  ^'^  mifTioncrs  hereafter  appointed,  or  the  Majority  of  them,  are  hereby  directed  and 
in  Repair.  '"'  impowcred,  to  hire  and  employ  Workmen,  to  make  up  or  repair  the  faid  Fence 
and  Gates,  when  the  Majority  of  them  fhall  find  it  necefTary,  and  to  compute 
the  Charge  of  the  making  and  repairing  the  fame,  on  the  firfl  Tuefday  in  May^ 
Yearly,  after  the  Ratification  of  this  A6t :  And  for  defraying  the  faid  Expence^ 
the  CommifTioncrs  hereafter  named,  are  hereby  authorized  and  impowered,  to 
lay  a  Tax  or  Levy  on  each  Taxable  in  the  faid  Town,  for  paying  the  faid  Charge,' 
not  exceeding  the  Sum  of  Two  Shillings  and  Eight  Pence,  Proclamation  Moneys 
Yearly. 

rerf.n.  rtfufing      IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  of  the 

to  pay  the  T.x,  Inhabitants  of  the  faid  Town  of  Bath,  or  any  other  Perfon  or  Perfons  holding  of 

"*'  '**'*'^*       pofTefTing  Lots  therein,  fliall  negleft  or  refufe  to  pay  the  faid  Tax  or  Levy,  ia 

laid  by  the  Commiflioners,  as  aforefaid,  that  then,  and  in  fuch  Cafe,  the  Commif- 

fioners  for  the  Time  being,  or  the  Majority  of  them,  are  hereby  impowered  to 

fuo 


LAWS    o/'    North-Carolina.  2oq 

fue  for  and  recover  the  lame,  by  Warrant  from  any  Juilice  of  the  Peace  for  the    ^-  '^    '^45' 
County  of  Beaufort.  ^ — y ' 

V.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  if  any  Per-  *'"'''"'  ^''"'"2 
fon  or  Pfrfons  (hall  pull  down,  talce  away,  or  by  any  Means  deltroy  any  of  the  foT"hf  fifftOf^ 
Rails  of  the  faid  Fence,  or  any  Part  thereof,  and  fliall  be  therof  lawfully  convi6l-  f'""'  «"  f^"'"*^ 
cd,  by  the  Oath  of  one  credible  Witnefs,  before  one  or  more  Juftices  of  the  fecond^%o"s!' "^ 
Peace,  he,  fhe,  or  they,  fo  offending,  fhall  forfeit  and  pay,  into  the  Hands  of 

the  CommilTioners,  for  the  firft  Offence,  the  Sum  of  Twenty  Shillings,  Procla- 
mation Money  ;  and  for  the  fecond  Offence,  being  thereof  lawfully  convifted, 
as  aforefaid,  the  Sum  of  Forty  Shillings,  Proclamation  Money  -,  to  be  recovered, 
by  the  Commiflioners,  by  a  Warrant  from  Two  Juftices  of  the  Peace :  Which 
Money  fo  by  them  recovered,  fhall  be  by  them  applied  towards  repairing  the  faid 
Fence. 

VI.  AND  forafmuch  as  the  Inhabitants  of  the  faid  Town  know  not  exaftly  '^"  ^"  ^^  ^^'^  °'' 
the  Bounds  of  their  feveral  and  refpeftive  Lots  ;  to  prevent  Dilputes  for  the  fu-  Wy  theTowr, 
ture.  Be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  ComniifTioners 
hereafter  named,  or  the  Majority  of  them,  are  hereby  required  and  impowered, 

to  employ  the  Surveyor-General,  or  his  Deputy,  to  re-furvey  the  faid  Town,  as 
near  as  poflible  to  the  old  Plan,  that  no  Perfon  may  be  damaged  thereby  ;  and 
the  CommifTioners  are  hereby  impowered  to  lay  a  Tax  or  Levy  on  each  Lot,  not 
exceeding  Two  Shillings. and  Eight  Pence,  Proclamation  Money,  to  pay  the  Ex- 
pence  of  furveying  the  fame  ;  which  Money  fliall  be  paid,  by  the  Owners  of  the 
faid  Lot  or  Lots,  into  the  Hands  of  the  Com mifTioners  :  And  every  Owner  or 
Owners  of  fueh  Lot  or  Lots  fo  furveyed,  are  hereby  obliged  to  fet  up  Poffcs  or 
Stones  for  Land-Marks,  in  Prefence  of  fome  of  the  CommilTioners,  at  the  Time  of 
furveying  the  fame,  under  the  Penalty  of  Forty  Shillings,  Proclamation  Money  ; 
to  be  recovered  and  applied  in  the  iame  Manner  as  other  Fines  in  this  Ada  are  be- 
fore directed  to  be  recovered  and  applied. 

Vp.  ANDbeit  further  Enabled,  by  the  Authority  aforefaid.  That  the  Common  Common  to  t>t 
belonging  to  the  faid  Town  be  alfo  furveyed,  at  the  Expence  of  the  Inhabitants  of  E^e^e'o"  ^^ 
the  laid  Town  ;  and  that  -proper  Land-Marks  be  fet  on  the  Bounds  of  the  fame,  inhabiiant'j. 
that  Perfons  may  know  where  the  lame  are,  and  not  commit  Trefpafs  on  the 
Lands  adjoining. 

VIII.  A  N D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Inha-  inhabitants  cx~ 
bitants  of  Bath-Town,  be,  and  are  hereby  exempted  from  working  on  the  Public  fn7«?rRoi 
Roads ;  provided  that  the  faid  Inhabitants  keep  the  Town  inclofed,  in  Manner 
aforefaid,  and  their  Streets  and  Lots  clear  of  all  Incumbrances  whatfoevef. 

IX.  A  Nh  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Perfons  P'^-'fons  may  im. 
which  have,  or  which  hereafter  fliall  take  up  any  of  the  Front  or  Water  Lots  in  p'"^*^*""^^"' 
the  faid  Town,  are  hereby  impowered  to  improve  the  fame,  by   building  and 

creding  Warehoufes  and  Stores,  or  other  Buildings,  as  to  them  fliall  be  mofl;  con- 
Tenient,  for  carrying  on  their  Trade  and  Commerce. 

X-  ANDbeit  further  Enacted,  by  the  Authority  aforefaid.  That  Capt.  Mi-  comm;ffioner» 
cbael  Uutanch,  Col.  Benjamin  Peyton,  Mr.  John  RieUtffett,  Mr.  Robert  Boyd,  'ppointed. 
and  Mr.  Baniel  Blinn,  be,  and  arc  hereby  appointed  Commiflioners  for  the  faid 
Town  ot  Bath,  with  Power  and  Authority  to  fue  for  and  recover,  of  and  from 
any  Perfon  or  Pirfons  who  fliall  refufe  to  pay,  their  proportionable  Part  of  the 
Charges  anflng  and  becoming  due  for  any  of  the  Purpofes  aforefaid  ;  and  on 
Death  or  Removal  of  any  of  the  above  Commiflioners,  the  Majority  of  the  Com- 

G  g  g  mif- 


2IO  LAWS    ^North-Carolina. 

« 

^-  D.  174^    miflioners  fhall    choofe  others  in  the  Room  and  Stead  of  thofe  fo  dyins:  or 
^^         removing. 


CHAP.     XII. 

An  A^y  to  encourage  Terfom  to  fettle  in  the  Toivn  of  Brunfwick,  on  the. 
Southweft  Side  of  Cape -Fear  River. 

Prssmbie.  L  TXT*  HEREAS  Maurice  Moore,  late  of  Cape-Fear,  Efq-,  deceafed,  ap- 
y  V  propriated  and  laid  out  a  certain  Parcel  of  Land,  containing  Three 
Hundred  and  Twenty  Acres,  on  the  Southwcjl  Side  of  Cape-Fear,  for  a  Town, 
and  Common,  for  the  Ufe  of  the  Inhabitants  of  the  faid  Town  •,  which  faid  Town 
is  called  Brunfwick  ;  and  the  Honourable  Roger  Moore,  Efq-,  to  make  the  faid 
Town  more  regular,  added  another  Parcel  of  Land  to  the  faid  Town,  and  a  great 
Part  of  the  faid  Lands  was  laid  out  into  Lots,  of  Half  an  Acre  each,  many  of 
which  are  taken  up,  and  good  Floufes  built  thereon,  and  proper  Places  were  ap- 
pointed and  given,  by  the  faid  Maurice  Moore,  for  a  Church,  Court-houfe,  and 
Burial-Place,  Market-houfe,  and  other  Public  Buildings :  And  whereas,  by  Rea- 
fon  of  the  Death  of  the  faid  Maurice  Moore,  and  of  John  Porter,  of  Cape-Fear^ 
Efqi  who  claimed  to  hold  Part  of  the  faid  Lands  laid  out  for  a  Town,  by  Grant 
from  the  faid  Maurice  Moore,  it  is  not  certainly  known  to  whom  the  faid  Lands 
belong,  fo  that  fure  Titles  may  be  had  to  the  Lots  as  yet  unfold,  which  is  a  greac 
Difcouragement  to  the  fettling  the  faid  Town  :  And  whereas  the  Trade  of  Cape- 
Fear  River  confifts  in  Naval  Stores,  Rice,  and  Lumber,  Commodities  of  great 
Bulk  and  fmall  Value,  all  due  Encouragement  ought  to  be  given  to  large  Ships 
to  come  into  the  faid  River,  to  take  off  the  faid  Commodities ;  and  as  all  large 
Ships  which  come  into  the  faid  River,  arc  obliged  to  lie  at  Brunfwick,  and  that 
Town,  for  Want  of  a  fufficient  Number  of  Inhabitants,  and' by  Reafon  of  the 
cafy  Navigation  thereunto,  is  much  expofed  to  the  Invafion  of  Foreign  Enemies 
in  Time  of  War,  and  Pirates,  in  Time  of  Peace,  nothing  can  be  a  greater  En- 
couragement to  Ships  to  come  there,  than  a  Certainty  oT  being  well  fupplied  with 
NeceiTaries,  and  well  fecured,  during  the  Time  they  lie  there,  which  can  no 
Way  be  better  done,  than  by  increafmg  the  Number  of  the  Inhabitants  of  the 
faid  Town :  For  the  effefting  of  which,  and  remedying  the  Inconveniencie* 
above  mentioned,  and  fettling  and  fccuring  the  Titles  to  the  faid  Lots  in  the  faid 
Town  •, 

TowB  nveHcQ  in  11.  W  E  pray  your  Moft  Sacred  Majefty  that  it  may  be  Enafted,  J/id  le  it 
Conimiftoneii.  Ena^ed,  by  his  Excellency  Gabriel  Johnllon,  Efq;  Governor,  by  and  with  ths 
Advice  and  Confent  of  his  Majejly*s  Council,  and  the  General  Jffembly  of  thii 
Province,  and  by  the  Authority  of  tBe  fame.  That  the  faid  Lands  appropriated 
and  laid  out  for  a  Town,  and  Common,  by  the  faid  Maurice  Moore,  and  Roger 
Moore,  be,  and  they  are  hereby  declared  to  be,  from  henceforward,  invefted  in 
the  Honourable  Edward  Mofely,  and  Roger  Moore,  Efqrs.  and  William  Dry^ 
John  Wright,  and  Richard  ^dnce.  Merchants,  in  Fee,  to  and  for  the  Truft  and 
Purpofes  herein  after  mentioned,  and  their  SucceiTors,  as  Commiffioners  for  the 
faid  Town  of  Brunfivick\  to  be  difpofed  of  in  Manner  and  Form  as  herein  after 
diredted. 


Commirtloneiir 
dying, &c.  others 


_^  ^^^ __      III.  AND  he  it  further  Enabled,  by   the  Authority  aforefaid.  That  on  the 

ro  beih9(>nr"°  Death  or  Departure  of  any  of  the  faid  Commiflioners  out  of  this  Province,  at  any 
Time  hereafter,  the  remaining  Commiffioners,  or  the  Majority  of  them,  arc 
hereby  fully  authorized  and  impowered,  to  eleft  and  choofe  fomq  other  Perfon  or 

Perfons 


LAWS    ^"North-Car.olina.  211 

Perfons  to  fuccced  fuch  Commifiioner  or  Commiflioners  fo  dying  or  departing,    -^^  d.  »-,^. 


--^r- 


as  aforefaid  ;  which  Perfon  or  Perfons  fo  elc6led  or  chofen,  fliall  be,  and  they  are 
hereby  inveftcd  with  as  full  Power  and  Authority,  to  all  Intents  and  Purpolls, 
as  if  they  had  been  particularly  named  in  this  Act. 

IV.  AN D'be  it  furlher  Enacted^  by  the  Authority  aforefaid.  That  the  Hon-  Treafurcr  ap-    ' 
curable  Roger  Moore^  Efq-,  Ihall  be  Treafurer  and  Receiver  of  all  the  Monies  P'^'"''"^* 
arifing,  or  to  arife,  by  the  Sale  of  the  faid  Lots ;  and  on  his  Death,  or  Departure 

out  of  this  Province,  then  the  Majority  of  the  Commiffioners  to  choofe  another, 
he  giving  Security,  to  the  faid  Commiffioners,  that  he  will  be  accountable  for  all 
the  Monies  which  he  fliall  receive  for  the  faid  Lots. 

V.  ANBbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  commiiTicncr.  10 
Commiflioners,  or  any  Three  of  them,  as  foon  as  they  conveniently  can,  Ihall  iayoutthLT<Avn 
lay  out  fo  much  of  the  faid  Lands,  fronting  the  River,  for  a  Town,  into  Lots  streets. "" 

of  Half  an  Acre  each,  with  convenient  Streets  and  Paffages,  as  they  Ihall  think 
fufficient,  and  the  Remainder  thereof  not  laid  out  into  Lots,  fhail  be,  and  it  is 
hereby  declared  to  be  a  Common,  for  the  Public  Ufe  of  the  Inhabitants  of  the 
fuid  Town  ;  a  Plan  of  which  Town  and  Common,  the  Commiffioners  fhall  record 
in  the  Secretary's  Office  •,  by  which  Plan  fo  recorded,  all  Difputes  hereafter  con- 
cerning the  Lots,  Streets,  and  Paflages  of  the  faid  Town,  and  alfo  the  Com- 
mon, Ihall  be  decided. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  faid  To  layout  pro- 
Commiiffioners,  or  the  Majority  of  them,  fhall  think  the  Places  already  laid  out  chir'h"  Bu'iTaU 
for  a  Church,  Burial-place,  Market-houfe,  and  other  Public  Buildings,  not  con-  place,  Lc 
vcnient  for  the  faid  Ufcs,  that  then  the  laid  Commiffioners,  or  the  Majority  of 

them,  Ihall  lay  out  and  appropriate  fuch  other  Places  for  the  Ufes  aforefaid,  as 
th(?y  fliall  think  moll  convenient. 

VII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Per-  To  onvcy  Lots 
fon  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  on  PaYmfnc'^'of 
Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken  3 '. 

lip,  paying  unto  the  Treafurer  or  Receiver  for  the  Time  being,  the  Sum  of  Three 
Pounds,  Proclamation  Money  ;  which  Lot  or  Lots  the  Commiffiioners  aforefaid, 
or  any  Three  of  them,  are  hereby  required,  direded,  and  impowered,  to  grant 
and  convey  to  the  Perfon  fo  taking  up  the  fame,  and  to  his  tieirs  and  Affigns, 
for  ever ;  Forty  Shillings  whereof  fhall  be  paid,  by  the  faid  Treafurer,  to  fuch 
Perfon  or  Perfons,  his  or  their  Heirs,  who  hath  the  Title  to  the  faid  Lands, 
and  Twenty  Shillings,  Remainder  thereof,  to  the  Churchwardens  of  St.  Philip'^ 
Pariffi,  in  New-Hanover  County  ;  to  be  difpofed  of  as  the  Veftry  of  the  faid  Pa- 
rifli  fliall  direa. 

VIII.  P  ROV  ID  ED  always.  That  if  any  Perfon  fliall  take  up  or  purchafe  L""  '"  ^^  ^^""^ 
any  Lot,  in  Manner  as  before  diredled,  and  fliall  not  build  thereon,  within  Two  forfdted.""' "' 
Years  alter  the  Date  of  the  Conveyance  for  the  faid  Lot,  a  good  fubfl:antial  habi- 
table Houfe,  of  the  Dimenfions  of  Twenty  Feet  lo^i^g,  and  Sixteen  Feet  wide, 

without  Slicd,  or  make  fuch  Preparation  for  fo  doing  as  the  Commiffioners,  or 
the  Majority  of  them,  fliall  judge  reafonable,  then  every  fuch  Conveyance  fliall 
be  null  and  void,  to  all  Intents  and  Furpofes,  as  if  the  fame  had  never  been 
made  •,  and  any  other  Perfon  or  Perfons  fliall  have  free  Liberty  to  take  up  the 
faid  Lot  or  Lots,  in  the  fame  Manner  as  before  is  directed,  as  if  the  fame  had 
never  been  before  taken  up. 

IX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Money  Moneyarifingiy 
arifing  by  fuch  Second  or  other  Sale  of  the  faid  Lot  or  Lots,  fliall  be  paid,  by  ^^'^  "^  ^""^""^ 

the 


212  LAWS    o/'North-Carolina. 


A.  D.  1745.    j-iie  Treafurer  or  Receiver,  to  the  Churchwardens  of  St.  Philip's  Parilh  aforefaid, 
*-^-V '  to  be  difpofed  of  as  the  Vcftry  of  the  fuid  Parilli  fliall  diredl. 

Lots,    ti)   be  paid 
to  the  Parjfh. 

commiffionerjto      X.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Commif- 

feii  one  Lot,  to  fioners,  or  the  Maiority  of  them,  Ihall  have  full  Power  and  Authority,  and  they 

pen«  of ''hying  are  hereby  authorized  and  impowered,  to  fell  and  convey,  in  Manner  aforefaid,  _ 

out  the  Town.     ^^^  qj.  j^Qj-g  of  the  faid  Lots,  as  they  Ihall  find  neceffary  •,  and  apply  the  Money 

arifing  by  the  Sale  of  the  faid  Lots,  to  defray  the  Charges  they  fhall  be  at  in  fur- 

veying  and  laying  out  the  laid  Lots,  and  Common,  and  making  and  recording 

the  Plan  thereof. 

Wh    ft  11  be  a      XI.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  every  Per- 

good  Title  to     fon  who  is  now  feized  and  poiTeffed  of  any  Lot,  and  hath,  by  himfelf,  or  thofe 

own'c  "'''''^  ot*^  under  whom  he  claims,  been  fo  feized  or  poffeiTed  for  Seven  Years,  laft  pall,  and 

prove  it,  cannot  produce  any  Title  to  the  fame,  fhall  make  it  appear  to  the  Commiflioners, 

or  the  Majority  of  them,  that  he  purchafed  the  faid  Lots,  bona  fide  •,  and  if  the 

faid  Commiflioners,  or  the  Majority  of  them,  fnall  be  fatisfied  that  he  purchafed 

the  faid  Lots,  bona  fide,  then  they  fhall  give  him  a  Certificate  thereof,  under 

their  Hands  and  Seals :  Which  Certificate,  being  regiflred  in  the  Regifter's  OJiice 

of  New-Hanover  County,  fhall  be  a  fufficient  Title  againfl  all  Titles  bearing 

Date  after  the  Ratification  of  this  A6t ',  and  where  any  Lot  doth  belong  to  any 

Perfon  deceafed,  his  Executors  or  Adminiftrators  fhall  have  the  fame  Liberty  or 

Privilege. 

tnt.  not  difposM      Xli.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  Per- 

ofbyProprutnts,  foj^  or  Perfons,  pofTefled  of  any  of  the  faid  Lots,  die  without  Heirs,  or  fhall  not 

Commiffioncrs!''  make  Difpofition  thereof  by  Will,  or  otherwife,  then,  and  in  fuch  Cafe,  the  faid 

Lot  or  Lots  fhall  revert  to  the  faid  Commiflionefs ;  and  fhall  be  fold  by  the 

CommifTioners  aforefaid,  for  as  much  as  they  can  get ;  and  the  Money  arifing  by 

fuch  Sale,  fhall  be  difpofed  of  by  them  for  the  Ule  of  the  faid  Town. 

Vc-ftries  to  be       XIII.  AND  for  the  bettei'  Encouragement  of  Perfons  to  fettle  in  the  faid 
held  in  Town.     Xown    Be  it  EnaHed,  hy  the  Authority  aforefaid.  That  from  and  after  the  Rati- 
fication of  this  A6t,  all  Veftries  for  the  faid  Parifh,  fhall  be  made  and  held  in  the 
Town  of  Brunfwick,  and  at  no  other  Place  whatfoever. 

XIV.  A  N  D  be  it  further  Ena£fed,    by' the  Authority  aforefaid.   That   the 
Church  for  St.  Philif%  aforefaid,  fhall  be  built  in  the  faid  Town  of  Brunfwick. 

^omm>„,onersto      XV.  AND  he  it  furthcr  Enacted,  by  the  Authority  aforefaid.  That  the  Com- 
temoveNufances.  miflioncrs  aforcfliid,  or  any  Three  of  them,  fhall  have  full  Pov/er  and  Authority, 
or"o^e''wi^h"^  and  they  are  hereby  authorized  and  impowered,  to  remove  all  Nufances,  or  what 
Ports  and  Rails,   jj^gy  ^^^\\  judge  Nufances,  within  the  Limits  of  the  faid  Town,  and  fhall  not 
fufFer  any  Perfon,  Owner  of  any  Lot  or  Lots  in  the  faid  Town,  to  inclofe  the 
fame  with  a  Common  Stake  or  Worm  Fence  ;  but  every  Perfon  who  will  inclofc 
a  Lot  or  Lots,  fhall  inclofe  the  fame  with  Pales,  or  Pofts  and  Rails  fet  up  -,  and 
if  any  Perfon  or  Perfons,  after  Notice  given,  fhall  not  take  away  and  remove 
fuch  Stake  or  Worm  Fence,  then,  and  in  fuch  Cafe,  the  faid  CommifTioners,  or 
any  Three  of  them,  fhall  order  the  fame  to  be  taken  away,  at  the  Cofls  and 
Charges  of  the  Perfon  who  is  in  PofTefTion  of  the  faid  Lot  or  Lots :  And  if  the 
PofTetVor  refufes  to  pay  for  the  fame,  then  any  Three  of  the  CommifTioners  afore- 
faid, are  hereby  impowered  and  authorized  to  grant  a  Warrant,   under  their 
Hands  and  Seals,  direfted  to  the  Conflable  of  the  faid  Town,  to  levy  the  fame, 
by  Diftrefs  and  Sale  of  the  Offenders  Goods,  returning  the  Overplus  to  the  Ow- 
wer  •,  and  the  faid  Conitable  is  hereby  required  tQ  execute  the  faid  Warrant. 

XVI.  AND 


Church   to    be 
built  in  Townt 


Commiffioners  to 


L  A  JV  S    o/"    North-Carolina.  21^ 

^.  D.    J745. 

XVI.  ANDbeit  further  EnnEled^   by  the  Authority  afcrefaid.  That  all  and  "T"""^ ' 

every. Perfon  and  Perfons,  Poffeffors  or  Owners  of  any  Lot  or  Lots  in  the  f;ud  dcarthdr  Lots 
Town,  Ihall,  within  One  Year  after  the  Ratification  of  this  Act,  clear  all  and  "'^'''"  *  "^'"'■■ 
every  fuch  Lot  and  Lots  by  them  held  or  polleffed,  of  all  Wood,  Underwood, 

Brufli,  or  Grubbs,  growing,  Handing,  or  being  on  the  faid  Lots. 

XVII.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^    That  if  any  i*"  t^fy  nee,ic<f> 
Perfon  or  Perfons,  Poffeffor  or  Owner  of  any  Lot  or  Lots  in  the  (laid  Town,  comnvjLni'rto 
Ihall  omit  or  negleft  to  clear  the  fame,  as  above  direfted,  within  the  Time  above  '.'^^"^  itd<me,  at 
limited,  and  keep  and  maintain  the  fame  fo  cleared,  then,  and  in  fuch  Cafe,  the  charsi!^'''"^" 
CommilTioners,  or  any  Three  of  them,  fliall  caufe  the  fame  to  be  cleared,  at  the 

Cofts  and  Charges  of  the  Party  offending  ;  and  if  the  Party  fo  offending,  fhall, 
upon  Demand  made,  refufe  to  pay  fuch  Sum  or  Sums  as  the  CommifTioners,  or 
any  Three  of  them,  fhall  order,  for  clearing  the  fame,  then  the  faid  Commif- 
fioners,  or  any  Three  of  them,  fhall  iflue  a  Warrant,  under  their  Hands  and 
Seals,  to  the  Conftablc  of  the  faid  Town,  to  levy  the  fame,  by  Diflref?,  and 
Sale  of  the  Offender's  Goods,  retaining  the  Overplus,  after  all  Charges  are  paid. 

XVIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  at  o-dinaryke^pers 
any  Time,  after  Twenty  Days  after  the  Ratification  of  this  Act,  any  Tavern-  JUnrinThc?' 
keeper.  Ordinary-keeper,  or  any  other  Perfon  or  Perfons  whatfoever,  fellino-  "°"'""  <-"  ''>= 
Liquor,  or  keeping  a  Public  Houfe  in  the  faid  Town,  fliaJl  fufier  any  l-'erfon  or  cf  10  s!'  °"  ^'"' 
Perfons  whatfoever  to  fit  tippling  or  drinking  in  his  Houfe,  in  Time  of  Divine 

Service  on  the  Sabbath  Day,  or  fhall  fuffer  any  Perfon  or  Perfons  to  get  drunk 
in  his  Houfe  on  the  Sabbath,  fuch  Perlbn  or  Perfons  fo  offending,  fhall  forfeit 
and  pay,  for  every  fuch  Offence,  the  Sum  of  Ten  Shillings,  Proclamation 
Money. 

XIX.  AND  be  It  further  EnaSied^  hy  the  Authority  aforefaid^  That  if  any  Not  to  truft  Sai- 
Perfon  or  Perfons  whatfoever,  in  the  laid  Town,  fhall,  one  Month  after  the  Ra-  S!  on'^^i'LA^f 
tification  of  this  A(5t,  on  any  Pretence  whatfoever,  give  Credit,  Loan,  or  Truff,  '"finE  ^u  above 
to  any  Mariner  or  Seaman,  belonging  to,  or  under  the  Command  of  the  Com- 
mander or  Mafler  of  any  Veffel,  that  now  is,  or  fhall  at  any  Time  hereafter,  ar- 
rive at  Brunfwick,  above  the  Sum  ^  Two  Shillings  and  Eight  Pence,  Proclama- 
tion Money,  except  by  the  Leave  or  Licence  of  the  Mafler  or  Commander  of 
the  VefTel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fhall  have  left  the  Ship 
or  VefTel  to  apply  to  the  Courts  of  Juflice,  in  any  Difpute  or  Controverfy  with 
the  Captain  or  Commander  of  fuch  Ship  or  VefTel ;  that  then,  and  in  fuch  Cafe, 
he,  fhe,  or  they,  fhall,  for  every  fuch  Default,  lofe  all  the  Monies  and  Goods 
fo  trufled  or  credited. 


that  Sum. 


XX.  AND  be  it  further  EnaHed,   by  the  Authority  aforefaid^  That  if  any  n»  ferfon  «o 
Perfon  or  Perfons  whatfoever  fhall,  willingly  and  knowingly,  entertain,  retain,  |^^';t™'-  i^--  «"- 

11  1  niii  1  <-r»-  tcrtain     bailors, 

harbour,  or  keep,  or  fhall,  direcfly  or  mdireftly,  fufTer  to  be  entertained,  re-  onPen.  of4os. 

tained,  harboured,  or  kept,  any  Seaman   or  Mariner,  belonging  to  any  VefTel 

aforefaid,    in  his,  her,  or  their  Houfe  or  Houfes,   exceeding  the  Space  of  Six 

Hours,  without  the  Privity  and  Confent  of  his  or  their  Mafter  or  Commander, 

or  one  Hour  after,  againft  the  Confent  of  the  Mafler  or  Commander,  (except  as 

in  the  Cafe  before  excepted,)  he,  fhe,  or  they,  fo  ofTending,    fliall  forfeit  and 

pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  for  every  fuch  Offence. 

XXI.  AND  be  it  further  EnaSfed^  by  the  Authority  aforefaid^  That  if  any  OrJinaryktepcrj 
Perfon  who  keeps  a  Public  tloufe,  fhall,  after  the  Ratification  of  this  Ad,  en-  saUoM  at'^Nightl 
tertaiii,  retain,  harbour,  or  keep,  or  fufTer  to  be  entertained,  retained,  har-  "" ''"■"•  °^  10 '• 
boured,  or  kept,  any  Seaman  or  Mariner,  belonging  to  any  VefTel  as  aforefaid, 

H  h  h  after 


214  Z/^/^aSc/'    North-Carolina. 

^  D.  ,745^  afj-^jj.  Eigiit  of  the  Clock,  in  the  Winter,  at  Night,  and  Nine  of  the  Clock,  In  the 
v  Summer,  at  Night,  except  the  Seaman  or  Mariner  hath  Leave  from  his  Maft^ 

or  Commander,  in  Writing,  to  be  on  Shore,  (except  as  in  the  Cafe  before  ex- 
cepted,) he  or  fhc  fo  offending,  fhall  forfeit  and  pay  the  Sum  of  Ten  Shillings, 
Proclamation  Money,  for  every  fuch  Offence. 

This  Aa  to  be  XXII.  AND  be  it  further  EnaSled^  hy  the  Authority  aforefaidy  That  in  Cafe 
f^ainft  .,ny'th"ng  ^"7  P^rfon  or  Pcrfons  whatfoever  fliall  be  fued  or  molefted  for  any  Thing  done 
done  in  Con-  in  the  Exccution  of  this  Ad,  he,  Ihe,  or  they,  fhall  and  may  plead  the  General 
tempt  0  It.  i^^Q^  and  give  this  Adl  in  Evidence  i  and  the  Judge  or  Judges  Iliall  allow 
thereof. 


recoverable. 


Penalties  appro-  XXIII.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Pe- 
pr,ated,andhow  naltics  and  Forfeitures  by  this  A<5b  made  and  impofed,  fhall  be,  one  Half  to  the 
„,ui.  Veftry  and  Churchwardens  of  St.  Philip*^  Parilh  aforefaid,  and  the  other  Half  to 
him  or  them  who  will  fue  for  the  fame ;  to  be  recovered  by  a  Warrant  from 
any  one  Juftice,  if  the  Sum  doth  not  exceed  Twenty  Shillings,  Proclamation 
Money  •,  and  if  the  Penalty  or  Forfeiture  exceed  that  Sum,  then  by  a  Warrant 
from  any  Two  Juftices. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker* 


W  %  Wit  -^  w 

jjf    -ifi    "Jjr    'ijC" , 


Ann<5> 


LAWS    of    North -Carolina. 


215 


J.  D.    1746. 
1.. — ^ 


w, 


Anno  Regni 


G  E  O  R  G  1 1   II 

Regis,  Magnce  Britannice,  Franci(je,  &: 
Hihernice,  Viceffimo. 


At    a   General   ASSEMBLY,    held    at   Neojohern,    the  gabriei. 

,  -  ,  y.  JOHNSTON, 

Twenty  Eighth  Day  of  Jime,  in  the  Year  or  our  Lord  "Efq>  Governor. 
One  Thouflmd    Seven  Hundred   and  Forty  Six. 


CHAP.    I. 


ji?i  ASfy  for  the  better  Regulating  the  Militia  of  this  Go'uerfWJent , 

WH  E  R  E  A  S  the  Safety  of  this,  as  well  as 
Colonies, 


thereof ; 


all  other  well  governed  ^''"mbiff. 
greatly   depends   upon  the   well    Regulating   the   Militia 


II.  W  E  pray  your  Moft  Sacred  Majefty  that  it  may  be  Enafted,  And  he  it  M''!''*  %^l'^^ 
Ena£ied^  by  his  Excellency  Gabriel  Johnfton,  Efq  ■■,  Governo^'^  hy  and  with  the  from  16  Years  ot 
Advice  and  Confent  of  his  Majefty' s  Council,    and  the  General  Ajfembly  of  this  f),f  J-,?^.^^°,'cr! 
Province,    and   by   the  Authority   of  the  fame.    That  from  henceforward,    the  tains  to  return  a 
Militia  of  this  Government  Ihall  confift  of  all  the  Freemen  and  Servants  within  eip^Jieftothe 
the  fame,  between  the  Age  of  Sixteen  Years,  and  Sixty;  and  the  feveral  Captains  coionei,oni'«n, 
of  the  MiUtia  in  this  Province,  fhall,  within  Four  Months  next  after  the  i'ubli-  °^  '"'• 
cation  of  this  Adt,  take  the  Lift  of  the  Names  of  all  fuch  Freemen  and  Servants, 
within  the  Diftrifts  of  which  their  feveral  Companies  fhall  confiit,  and  return  a 
Coppy  thereof  to  the  Colonel  of  the  Regiment,  under  the  Penalty  of  Ten  Pounds, 
Proclamation  Money  ;  to  be  levied  by  a  Warrant  from  fuch  Colonel,  to  be  ap- 
plied as  herein  after  is  direded. 

in.  A  N D  be  it  further  EnaEled,  hy  the  Authority  aforefaid.  That  when  fuch  .^ffrV.'J'! 

T  •/!  I  ^         -  .■'-/  */        J         J  r  \  Hicli  L<*tts  once  ** 

Lilts  are  taken  as  aforefaid,  the  laid  Captain  (hall,  once  every  Year,  irom  hence-  yea,-,  under  the 
forward,  viz.  in  the  Month  of  October,  take  new  Lifts  of  all  the  Freemen  and  i'^^^  i'^"^''^* 
Servants  in  their  faid  feveral  Diftrifts,  and  return  Copies  thereof,  as  before  'di- 
reded,  under  the  like  Penalty  of  Ten  Pounds ;  to  be  levied  and  applied  as  here- 
after in  this  Aa  is  direaed.  IV.  AND 


2i6  LAWS     c/'    North-Carolina. 

A    D.    1746. 

s._ — ^ -y       YV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  any  Perfon 

!l"fufint:  t^rlp!  or  Perfons,  after  having  been  fo  inlifted,  who  fhall,  at  any  Time  hereafter,  (un- 
psar  w-.tii  Arms  Jefs  rendered  incapable  by  Sicknefs  or  Accident,)  tail  or  refufe,  on  Notice  given, 
on,  to^pTy  "^  j'  to  appear,  at  fuch  Times  and  Places  within  the  County,  as  lliall,  from  Time  to 
4  d.  and  as.  8 d.  Time,  be  appointed,  by  the  Colonel  or  Commanding  Officer  of  the  Regiment 
tviihout  Arms,     to  wluch  he  belongs,  for  that  Purpofe,  there  to  be  muftered,  trained,  and  exer- 
cifed  in  Arms,  or  that   fhall  not,  at  fuch  Times  and  Places,  be  well  provided 
with  a  Gun,  fit  for  Service,  a  Cartouch  Box,  and  a  Sword,  Cutlafs,  or  Hanger, 
and  at  leaft  Twelve  Charges  of  Powder  and  Ball,  or  Swan  Shot,  and  Six  fpare 
Flints,  fhall  forfeit  and  pay,  for  his  Non-appearance,  the  Sum  of  Five  Shillings 
and  Four  Pence,  Proclamation  Money  •,  and  in  Cafe  they  do  appear,  they  Ihall 
forfeit  and  pay  Two  Shillings  and  Eight  Pence,  like  Money,  for  Want  of  any 
Serjeant  to  levy  of  the  Arms,  Accoutrements,  or  Ammunition,  as  aforefaid  •,  to  be  levied  by  a 
Lie  Ts'.  f"  Lis  Warrant  from  the  Captain  of  the  Company,  direfted  to  the  Serjeant  of  the  fame. 
Fee;  and  liable  -^yho  Ihall  mftkc  Retum  thereof  to  the  Captain  -,  which  Serjeant  Ifiall  be  paid  Two 
51.  Vo'r  n.'gi'ea-  Shillings,  Proclamation  Money,  by  the  Offender,  for  ferving  the  fame :  And  in 
jng  his  Duty.      Qq^q  f^(-l^  Serjeant  or  Serjeants  fliall  retufe  or  negle6t  to  ferve  any  Warrant  or 
Warrants  to  him  or  them  fo  direded,  he  or  they,  on  Refufal  or  Negledl  thereof, 
fhall  be  fined  Five  Pounds,  Proclamation  Money  •,  to  be  recovered  by  a  War- 
rant from  the  Captain,  direfted  to  any  other  Serjeant,  under  the  fame  Penalty  ; 
to  be  applied  as  other  Fines  in  this  A6t  arc  directed  and  appointed  :  Provided 
that  no  Perfon  fhall  incur  the  Penalty  for  appearing  in  the  Field  without  a  Car- 
touch  Box,  or  Cutlafs,  Sword,  or  Hanger,  until  the  Expiration  of  Six  Months, 
after  the  Ratification  of  this  A6t. 

Ferfons  exempted  V.  PROVIDEt)  atways.  That  no  Minifrer  of  the  Church  of  England, 
fromn^-ftenng,  ^o  Member  of  his  Majcfty's  Council,  no  Member  of  AfTcmbly,  Secretary,  At- 
torney-General, praflifing  Attorney,  no  Man  who  has  been  a  Field-Officer,  or 
Captain  of  the  Militia  of  this  Province,  or  Commiffioned  Officers  which  have 
ferved  in  the  Army,  no  Juflice  of  the  Peace,  no  praftifing  Phyfician  or  Chirur- 
geon,  no  Clerks  of  the  Courts  of  Juflice,  no  Perfons  tending  Public  Mills,  or 
Ferries,  ihall  be  obliged  to  inlifl  themfelves,  or  attend  fuch  Muflers,  as  aforefaid. 


In  Cafe  of  an  In-      "^I-  A  N  B  be  it  Enabled,  by  the  Authority  aforefaid^  That  in  Cafe  of  any  In- 
vafion,    Perions  vafion  of  thls  Provlncc,  or  Expedition  to  be  carried  on  againfl  an  Enemy  within 
peaf  withAtms  the  Province,  it  fhall  and  may  be  lawful  for  the  Governor  or  Cammander  in 
^ndAmmun.tion  ciiigf^  to  raifc  all,  or  fo  many  of  the  Forces  of  this  Government,  as  he  fhall 
the  Country,  to  think  rieccfTary,  for  oppofing  the  faid  Invafion,  or  fupporting  the  faid  Expedi- 
forfeit  10 1.        j.JQj^  ,  apjfj  any  Perfon  whatfoevcr,  who  fhall  refufe  or  negledr,   on  Notice  ca: 
Alarm  given,  to  appear  at  fuch  Times  and  Places  as  fhall  be  appointed  by  his 
Captain,  or  other  Officer,    with  Arms,    Ammunition,  and  Accoutrements,    a& 
aforefaid,  or  fhall  refufe  to  march  againfl  the  Enemy  where  commanded,  within, 
this  Province,  or  refufe  any  other  Duty  the  Defence  of  the  Country  may  require, 
fhall  forfeit  and  pay,  for  either  of  the  faid  Offences,  Ten  Pounds,  Proclamation 
Money  •,  to  be  levied  by  a  Warrant  from  the  Colonel  or  Commanding  Officer 
for  that  Service :  And  that  the  refpedtive  Officers  to  whom  fuch  Invafion  fhall 
be  hrfl  made  known,  are  hereby  authorized  to  command  and  order  the  Men  un- 
der their  Command,  to  mount  Guard,  march  againfl  the  Enemy,  and  do  any 
other  Duty  as  the  Defence  of  the  Country  may  require,  and  continue  the  Alarm 
vintil  the  fame  is  made  known  to  their  fuperiour  Officers. 

In  c.fe  of  sny  VII.  ANT)  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  In  Cafe  of 
\T,S\fs!uth.  ^"y  Invafion  of  die  Provinces  of  Virginia^  or  South-Carolina^  it  fhall  and  may  be 
CaJir.a,  the  kwful  fot  the  Govcmor  and  Commander  in  Chief  for  the  Time  being,  to  raife  fo 
Governor  to «ife  j^^^^y  ^f  j]^g  Fojces  of  tliis  Government  as  fliall  be  thought  necefiary,  to  give 

proper 


Proclamation 

Money 

,  /. 

s. 

d. 

- 

- 

o 

12 

6 

- 

o 

lO 

o 

- 

- 

o 

lO 

o 

^ 

- 

o 

7 

o 

- 

o 

7 

6 

- 

o 

5 

o 

- 

- 

o 

4 

6 

- 

- 

o 

4 

o 

- 

o 

3 

6 

- 

- 

o 

3 

o 

L  A  iV  S    o/'    North -Carolina.  217 

proper  Releif  Co  fuch  of  the  Provinces  atorefaid  as  (hall  be  invaded,  and  to  march    ^-  ^-  '746. 
them  to  their  Aflii'tance,  at  the  Kxpence  of  the  Province  defiring  fuch  Afliilunce  •,  ^,,Jf,7^  p'Tces 
which  Number  of  Forces  Ihall  be  draughted  out  of  the  feveral  Regiments  of  this  f.n'ihcRa.ct  of 
Province,  and  each  Regiment  to  furnilh  a  proportionable  Number  of  Men*  fo  [^f  ExJIn^'' "f 
to  be  draughted  and  fent  to  the  neighbouring  Colony.  the  fame. 

VIII.  AND  be  it  further  Enacted^  ly  the  Authority  af ore/aid^  That  the  re- 
fpedive  Officers  of  the  Militia,  and  the  private  Men,  when  in  actual  Service, 
fliall,  from  the  Day  they  are  ordered  on  JL/uty,  be  paid  according  to  the  Rates 
following  i  to  wity 

A  Colonel,  per  Day,  -  -  -  -  -0126  Wagos  of  the 

«     T  •  /"■    1  I  -»        „    Militia,  when  in 

A  Lieutenant  Colonel,  -  -  -  -  o     10     o  ^^^,^1^^^ 

A  Major, 

A  Captain,  _  _  - 

An  Adjutant,  _  _  - 

A  Lieutenant,   and  Chirurgeon,  each. 

An  Enfign,  ,  -  - 

A  Serjeant,  _  -  - 

A  Corporal,   and  Drummer,   eachj 

Every  private  Man, 

IX.  AN D  be  it  further  Enacted.,  by  the  Authority  aforefaid^  That  if  any  Per-  provif.onforPer. 
fon  Ihall  be  fa  difabled  in  the  Service  of  the  Country,  as  not  to  maintain  himfelf  {^X/jn't'hfser' 
or  pay  for  his  Cure,  he  Ihall  be  cured  at  the  Public  Charge,  and  have  one  good  viceoft"heCoun' 
Negro  Man  purchafed  for,  and  given  to  him,  at  the  Charge  of  the  Public,  tor  ^^• 

his  Maintenance  j  and  if  any  one  fhall  be  killed,  the  Public  fliall  make  the  fame 
Provilion  for  his  Wife  or  Family. 

X.  AND  be  it  further  EnoMcd.,  by  the  Authority  aforefaid.  That  fuch  Perfons  Perfons  cxemptei 
who  by  this  Ad:  are  exempt  from  tnlifting  themfelves  or  appearing  at  Mufters,  ^jjj^  of  Danger" 
Ihall  be  ready,  at  any  Time  of  Danger,  (Sicknefs  or  Accident  always  excepted,)  with  Arms  and 
to  attend  the  Commands  of  the  Governor  or  Commander  in  Chief  for  the  Time  att^"d"the"G'm° 
being,  within  this  Province,  compleatly  furnilhed  with  Arms  and  Ammunition,  ^^^'^^  ^^  '^^^ 
as  aforefaid,  on  Penalty  of  Twenty  Pounds,  Proclamation  Money  ;  to  be  levied  Pcn.  'of  30 1. 
by  a  Warrant  from  the  Colonel,  direfted  to  the  Sheriff  of  the  faid  County,  who 

iliall  return  the  fame,  together  with  the  aforefaid  Fine,  under  the  Penalty  of  For- 
ty Pounds,  Proclamation  Money ;  to  be  recovered  by  the  faid  Colonel,  by 
A(ftion  of  Debt,  in  the  General  Court  of  this  Province. 

XI.  AND  be  it  Enn5led,  by  the  Authority  aforefaid^  That  if,  during  the  Soidier*  refufinj 
Time  of  Mufter,  any  Soldier  fliall  refill  hi?  lawful  Officer,  or  refufe  to  obey  his  '^^^^^f^  ^^^^r^ 
lawful  Commands,  fuch  Soldier  fliall  be  punilhed,  at  the  Difcretion  of  the  Cap-  officers,  to  be 
tain,  with  the  Lieutenant  or  Enfign,  by  being  tied  Neck  and  Pleels,  piquetted,  ^""'EtLy'ot 
or  riding  the  Wooden  Horfe  :  And  if  any  Perfon,  upon  Duty,  during  the  Time  Defertion,  to  be 
of  any  Alarm,  Invafion,  or  Expedition  againfl:  the  Enemy,  fliall  defert  his  MartiaC  """* 
Colours,   or  be  mutinous,  it  fliall  and  may  be  lawful  for  one  Field-Officer,  or 

more,  Four  Captains,  Four  Lieutenants,  and  Three  Enfigns,  or  the  Majority  of 
them,  with  one  Field-Officer,  openly  to  hold  a  Court-Martial,  firft:  taking  the 
Oath  ufualy  taken  at  Court  Martials,  and  on  Tryal  and  Conviction,  to  punifli 
the  Offender  according  to  Martial  Law,  as  the  Nature  of  the  Crime  fliall  require  ; 
and  for  Want  of  a  fufficient  Number  of  Officers  to  compofe  a  Court-MartiaJ,  the 
Offender  fliall  be  kept  i:nder  a  Guard  until  fuch  Time  as  there  be  a  fufficient 
Number  of  Officers  to  hold  a  Court-Martial  as  aforefaid. 

I  i  \  XII.  AND 


2i8  LAWS    (9/^North-Carolina. 

j^.  D.    1746. 

V — -\^—^      XJI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Cap- 

^'tobrappHeJ  f^i^s  fhall  apply  all  Fines  received,  and  hereafter  to  be  received  by  them,  towards 

in  purchafir-s     purchafiHg  Drums,  Colours,  and  other  Implements   of  War,  or  Ammunition,. 

^wf.f,   0  ur.,  -^^  ^^^  ^^  ^^^  ^^^  ^^  ^^^  Company  whereof  he  is  Captain  5  and  fhall  alfo  ac«.' 

count,  on  Oath,  once  every  Year,  with  the  Colonel  or  Commanding  Officer  of 

the  County,  for  all   fuch  Fines  received,  or  that  he  Ihall  or  may  receive,  in  Vir- 

No  Captain  to    tuc  of  this  Aft  ;  and  that  no  Captain   Ihall,  hereafter^  compound  for  any  Fine 

compound  for  a-  hgrgafter  accruing  due,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money  ; 

cfio^'""   '^  '  to  be  recovered  by  a  Warrant  from  fuch  Colonel  or  Commanding  Officer,  as 

herein  before  direfted  ;  and  fuch  Colonel  or  Commanding  Officer  fhall  make  a 

Report  thereof  to  the  Captain-General  or  Commander  in  Chief  for  the  Time 

being. 

Colonel  of  every  XIII.  AND  bc  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  the 
^akc"'"G-nerai  Coloncls  of  cach  and  every  Regiment  in  this  Province,  fhall,  once  every  l^ear, 
Mufter  once  a  caufe  a  Gcncral  Mufter  to  be  made  of  their  refpeftive  Regiments,  at  fuch  Times 
and  Places  within  each  leveral  County,  as  they  Ihall  think  proper  to  appoint ; 
which,  if  any  of  them  fhall  neglect  or  refufe  to  do,  he  or  they  fo  offending,  fhall 
forfeit  and  pay  the  Sum  of  Twenty  Founds,  Proclamation  Money  •,  to  be  reco- 
vered by  a  Warrant  from  his  Excellency  the  Governor  or  Commander  in  Chief 
for  the  Time  being,  and  to  be  applied  to  the  Ufes  afore-mentioned  in  this  A6t. 

Captains  t«  muf-       XIV.  A  N  D  be  it  further  Enabled,  That  every  Captain  of  a  Company  fhall, 

niL'^fol'r^T^e's  Four  Timcs  every  Year,  at  flich  Times  and  Places  within  their  feveral  Diftrids, 

a  Year,  on  Pen.  as  their  rcfpc^live  Coloncls  fhall  appoint,  mufler  their  Companies,  and  fee  that 

"^  ^  '■  every  Soldier  in  their  Company   be  furnilhed  with  fuch  Arms,  Accoutrements, 

and  Ammunition,  as  by  this  A6t  is  before  directed,  under  the  Penalty  of  Five 

Pounds,  Proclamation  Money  •,  to  be  levied  by  a  Warrant  from  the  Colonel  or 

Commanding  Officer  in  the  County,  and  to  be  applied  as  herein  before  is  direfted, 

Rich Cotr.pany to  XV,  AN D  be  it  further  Enacted,  That  each  and  every  Company  belonging 
vaI'MenrsSet  to  thc  fcvcral  Regiments  within  this  Province,  fhall  confifl  of  Fifty  private  Men, 
j.ants,  5'corpo-  Xhree  Serieants,  Five  Corporals,  and  Two  Drummers. 

rals,and  i  Drum-  J  ■*■ 


Year,    on    Pen, 
of  20  1 


mers. 


coiontis  to  ap.  XVI.  A  N  D  bc  it  further  Enacted,  That  the  feveral  Colonels  of  their  refpedtlve 
S  annuaUy"  w  Rcgimcnts  within  this  Province,  are  hereby  authorized  to  apply  the  Fines  and 
lender  an  Ac-  Penalties  by  them  received,  in  Virtue  of  this  A(5t,  in  purchaling  Drums,  Colours, 
rnor!'oJ'pen'.  Ammunition,  or  Arms,  as  fhall  appear  to  them  to  be  moft  necefTary  for  the 
•■^50 1-  Companies  in  fuch  Regiments  i  and  that  they  fhall.  Annually,  render  an  Ac- 

count to  his  Excellency  the  Governor  fworn  before,  and  certified  by  any  Juflice 
of  the  Peace  in  the  County,  under  the  Penalty  of  Fifty  Pounds,  Proclamation 
Money  -,  to  be  recovered,  by  A6tio1i  of  Debt,  Bill,  Plaint,  or  Information,  in 
the  General  Court  of  this  Province,  (wherein  no  EfToign,  Injunction,  or  Wager 
of  Law,  fhall  be  allowed  or  admitted  of,)  by  any  Perfon  who  will  fue  for  the 
fame  -,  the  one  Half  to  him  or  them  that  fhall  fue  for  the  fame,  and  the  other 
Half  to  be  applied  as  other  Fines  in  this  Aft  are  direfted. 

Tr9«p  of  Hgiit      XVII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in  Cafe 

w'  mXring  thc  Govcmor  or  Commander  in  Chief  for  the  Time  being,  fhall,  at  any  Time 

m^Fooi  Comp3-  hereafter,  appoint  any  Troop  or  Troops  of  Light  Horfe,  in  any  County  in  this 

Province,  that  then,  and  in  fuch  Cafe,  the  laid  Troop  or  Troops  that  ffiall  be  fo 

appointed,  are  hereby  exempt  from   multering  in  any  of  the  Foot  Companies 

within  their  feveral  Counties,  and  fhall  be  accoutred  with  a  good  Cafe  of  Piftols, 

a  Broad  Sword,  a  Fuzee,  with  Swivel  and  Belt,  a  Cartridge  Box,  with  Twenty 

♦  •  Four 


L    A     PF    S      (?/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  2  1 9 

Four  Cartridges  of  Powder.and  Ball,  and  fubjed  to  Muiler  at  the  fame  Times,    ^-  ^-  '746. 
jnd  under  the  l^me  Penalties,  as  betore  by  this  A6t  is-  direded  for  the  Foot.  *" ^^       ' 

^  XVIII.  AND  he  it  further  Enacted^  by  the  Authority  of  ore/aid,  Thaf^this  "^^'s  ^a  in  , 
Aft  fiiall  be  and.  continue. ia  Force,  for  and  during  Three  Years,  and  from  tlitence  ^"'"'fi^X^'fSj 
to  the  next  Seffion  of  Ailembly.  .    '   ''  '"^ 

XIX.  AN D  be  it  Enacted^  That  each  and  every  Captain  of  a  Company,  Every Capfain t& 
lliall  procure  a  Copy  of  this  A(5V,  for  which  he  (hall  be  allowed  in  his  account-  ''"'^  ^  '-'opy  <jf 
ing  for  the  Fines  and  Forfeitures  by  him  received,  or  to  be  received,  and  fliall  rcTd  fn«' a'vetr 
caufe  the  fame  to  be  read  at  the  Head  of  his  Company,  at  leaft  once  in  every  ?!  ''"=  ^^^^  "^ 

__  .  .        ,^         .  ^  ,^.  „  ,         „         .  .'■•'-_  J     Ills  Company,' on 


read  cnce   a  Year 
at    the   Head 

Year ;  under  the  Penalty  of  Five  Pounds,  Proclamation  Money.  '   r'en,  "^^""sl' 


XX.  A  ND  be  it  Enacted^  by  the  Authority  aforefaid^  That  from  and  after  RcpeaiingCiaufe. 
the  Ratification  of  this  Acl,  all  and  every  Adl  and  Ads,  for   Regulatino-  the 
Militia  of  this  Government,  and  all  Matters  and  Things  therein  contained,  is  aiTd    - 
are  hereby  repealed  and  made  void. 


Jci 


CHAP.     II. 


Preamblf 


A}i  ABy  for  EreBmg  the  upper  Part  of  Craven  County  iiito  a  County  and 
Parif.\  and  for  appoi?iting  a  Place  for  building  a  Court-houfe^  Pi-iion^ 
and  Stocksy  in  the  Jaid  County. 

I.  TTTHEREAS  Craven  County  is  now  become  fo  very  extenfive,  that 
Y  y  many  of  the  Inhabitants  thereof  live  very  remote  from  Ncwhern  Town, 
where  the  Court  for  the  faid  County  is  held,  whereby  a  great  many  Difficulties 
and  Hardfhips  arife  to  the  upper  Inhabitants  thereof,  not  only  in  attendino-  their 
ordinary  Bufinefs  in  the  faid  Court,  but  alio  by  being  compelled  to  fervc  as  Jury- 
men, and  oftentimes  as  Evidences,  at  the  faid  Court :  For  Remedy  whereof, 
\- 

|,,,II.  WE  pray  that  it  may  be  Enaded,  And  be  it  Ena5ied^  by  his  Excellency  Ga-  county  divided, 
bricl  Johnfton,  Eff,  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefty^s  ^""^  *^=  "pp"' 
Council^   and  General  Ajfembly  of  this  Province^  and  it  is  hereby  Enacted,  by  the  raiftin'ftCounty 
Authority  of  the  fame.  That  Craven  County  be  divided  by  a  Line,  begininof  at  ^^^  ^"^^^ 
the  Mouth  of  the  Southweft  Creek,  on  the  South  Side  of  Neus  River,  below 
Francis  Stringer's  Ferry,  running  up  the  faid  Creek  as  far  as  the  aforefaid  County 
extends  that  Way,  and  running  a  No7-th  Line  from  the  Mouth  of  the  faid  Southtveji 
Creek,  as  far  as  the  County  extends  Northwardly  -,  and  that  the  upper  Part  of  the 
faid  County  be  erefted  into  a  County,  by  the  Name  of  Johnflon  County,  and 
St.  Patrick's  Parifh,  as  divided  by  a  Line  that  fhall  be  agreed  on  by  the  Com- 
mifTioners  hereafter  named  :  And  that  the  faid  County  and  Parilh  fhall  enjoy  all 
the  Privileges  and  Advantages  that  any  other  County  and  Parifli  in  this  Pro- 
vince holds  ofcenjoys ;  fave  only  that  the  faid  County  fhall  fend  but  Two  Repre- 
fcntatives,  to  fit  in  the  General  AfTembly. 

III.  AND  be.it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Courts  Countr  Conrt» 
of  the  faid  County,  fhall  be  held  on  the  lall  ^uefdays  in  the  Months  of  March,  '^^'''^''^^'    • 
June,  September,  and  December,  in  every  Year. 

IV.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the.  Juftices  Fhft  court  whete 
of  the  faid  County,  or  the  Majority  of  them,  fhall  hold  their  firft  Court  at  the  tobehdd. 
Dwelling-houfe  of  Francis  Stringer,  at  the  Ferry,  on  Neus  River,  and  then  and 

there 


220  L    A    IV    S      of     N*)  RT  H  -C  ARO  L  I  N  A. 

A.  D.  1746^  {-here  nominate  and  appoint  a  certain  Place  for  buiUiing  a  Court-houfe,  Prifon, 

^"       and  Stocks,  at  the  moit  proper  Place  in  the  faid  County,  and  fliall  alfo  make 

fuch  Orders  and  Rules  tor  eredting  the  faid  Buildings,  and  running  the  dividing 

^e'^ied^by  Aft,  ^ins  aforcfaid,  at  the  proper  and  equal  Expence  of  the  Inhabitants  of  the  fame, 

p.irej  1746,   '  by  a  Poil-Tax,  not  exceeding  Two  Shillings,  Proclamation  Money,  per  Year, 

"^p-  -  f-Qj.  Xwo  Years,  and  no  longer. 


Commi/rioneu  V.  AN D  be  ii  further  Eiiacted,  That  fVillmm  Eaton,  William  Per fons^  Fran- 

\hcZ\i;nluZ  CIS  Strifiger,  and  James  Macklewean,  be,  and  are  hereby  appointed  Commifllon- 
l7P^"fy"'    ^''^'  ^""^  ^^^  hereby  impowered  and  diredred  to  run  a  dividing  Line  between  the 
^In  Counties?"'  Counties  of  Granville  and  Johnjion,  as  agreeable  as  may  be  for  the  Eafe  and  Con- 
venience of  the  feveral  Inhabitants  of  the  faid  Counties,  beginning  at  fuch  Place, 
on  the  Head  Kine  aforefaid  of  Edgcomh  County,  as  the  faid  Commiflioners  Ihall 
think  meet  and  juft 

jufticfs  fo  re-      •VI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  the  faid 
toThr&r«nor'  Court  Ihall,  at  the  firil  Sitting  thereof,  recommend  to  his  Excellency  the  Gover- 
for  slierifF,         nor,  Thrcc  Perfons,  for  his  Approbation  of  one  of  them,  to  execute  the  Office 
of  a  Sheriff,  according  to  Law,  for  the  faid  County. 

In  Suits  aiieaiy  VII.  A  N  D  to  tlic  End  that  no  Adion,  begun  in  Craven  County,  be  defeated 
^i^^cl^Ttoh^cl^  by  the  Divifion  aforefaid  •,  Be  it  Enacted^  by  the  Authority  aforefaid.  That  where 
ecuted  by  the  g^jy  A6lion  is  already  commenced  in  the  (kid  Court  of  Craven,  and  that  the  Par- 
ties or  Evidences  fliall  be  Inhabitants  of  Johnfton  County,  all  fubfequent  i-'roctfs 
againft  fuch  Parties  or  Evidences,  fliall  be  direded  to  be  executed  by  the  Sheriff 
of  Craven  County  ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 


Sheriff    of    that 
County 


•^^eftrymera  aji-        VIII,  AND  be  it  furthcf  EnaSled,   by  the  Authority  aforefaid.   That  Simon 
?ojnted.  Bright,    John  Herring,  Sen.   Thomas  McClendon,  John  Beeton,   Abraham  Boyd, 

Ambrofe  Air  is,  John  Irons,  John  C^rraway,  John  Smith,  Samuel  Stnith,  Robert 
Rayford,  and  John  Beaker,  be,  and  they  are  hereby  appointed  Veftrymen  of  the 
faid  Parifli  of  St.  Patrick,  to  ferve  in  the  Veftry  until  the  General  Eledion  of 
Veftrymen,  according  to  Law  ;  and  that  the  faid  Veftrymen  fliall  be  fummoned 
by  the  Sheriff  of  the  faid  County  of  Johnjion,  to  meet  at  the  Place  appointed  by 
<  this  Ad  where  the  Court  is  to  be  held,  and  qualify  themfclves  as  a  Veftry,  and 

proceed  to  Parifti  Bufmefs. 

Tkit  cu  ^^'  ^^  ^^  ^^  it  further  Enacted,  That  all  Public,  County,  and  Parifh  Levies,! 

pealed,  by  Aft]  HOW  duc  fVom  any  of  the  Inhabitants  of  the  faid  County  of  Johnjion,  fhall  be  col- 
paffed  1746.       ie(5ted  by  the  Sheriff  of  Craven  County,  and  accounted  for  in  the  fame  Manner 
as  though  this  A(5l  had  not  been  made. 


CHAP.     III. 

An  A5i,  for  dividing  Edgcomb  County  and  Parijh,  and  for  ereBing  the 
upper  Part  thereof  into  a  County  and  Parijh,  by  the  Name  of  Gran- 
ville County,  and  St.  John's  Parijh  -,  and  for  appointing  Vejirymen  of 
the  faid  Parijh, 

i'rMmWc.  I.  T  TT"  HERE  AS  the  County  and  Parifli  of  Edgcomb,  being  a  Frontier 

VV     County,  is  now  fo  extenfively  fettled,  that  the  Public  Bufinefs  of  the 
faid  County  and  Parifh  becomes  very  difficult  to  be  tranfaded : 

II.  W  E 


L  A  I'V  S    of    North-Carolina.  221 


A.  D.    1746. 

II.  V/  E  therefore  pray  that  it  may  be  Enaded,  And  be  it  Enacted^  by  his  Ex-  Q^J„'^'^a^~^,^^d 
cellency  Gabvkl  Johnilony  Efi^;  Governor,  by  and  with  the  Advice  and  Covfcnt  of  »ni  the  upper' 
his  Majefifs  Comal y  -and  General  Affe^nbly  of  this  Province,  and  by  the  Authority  ^^ift.^l^ccun'y 
of  the  fame.  That  Ed^comb  County  and  Parifli  be  divided  by  a  Line,  beginning  andPinfc. 

•at  the  Mouth  of  Stonehoufc  Creek,  on  Roanoak  River,  to  the  Mouth  of  Cyprefs 
Swamp,  oa  l^ar  River,  and  from  thence  acrofs  the  River,  in  a  direft  Courfe, 
to  the  Middle  Grounds  betv/een  Tar  River  and  'Neus  River,  being  the  dividing 
Line  between  Craven  and  Edgcomb  Counties  -,  and  that  the  upper  Part  of  the  faid 
County  and  PariHi,  as  divided  by  the  Line  that  fhall  be  agreed  on  by  the  Com- 
miflioners  hei:eafier' named,  be  e'reded  into  a  County,  by  the  Name  of  Granville 
County,  and  St.  John'^  FariHi :  And  that  the  faid  County  and  Parifh  fhall  en- 
joy as  many  Privileges  as  any  other  County  or  Parifh  in  this  Province  holds  and 
enjoys,  fave  only  that  the  faid  County  flaali  fend  but  Two  Reprefcntatives  to  fit 
in  General  AfTembly.  * 

III.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  Courts  ^^"^j^'y^jj"'"" 
bf  the  faid  County,  fliall  be  held  on  every  Tiiefday  fucceeding  the  County  Courts 

of  Northampton. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid;,  That  the  Juftices  fm  Court  wh?rc 
of  the  faid  County,  or  the  Majority  of  them,  fhall  hold  their  firft  Court  at  the  totehtia. 
Dwdling-houfe  of  Wilham  Eaton,  and  then  and  there  nominate  and  appoint  a 

certain  Place  for  building  a  Court-houfe,  Prifon,  and  Stocks,  at  the  moil  proper 
Place  in  the  faid  County  •,  and  ihall  alfo  make  fuch  Orders  and  Rules  for  eredting 
the  faid  Buildings,  and  running  the  dividing  Line  aforcfaid,  at  the  proper  and 
equal  Expence  of  the  Inhabitants  of  the  fame,  by  a  Poll-Tax,  not  exceeding 
Two  Shillings,  Proclamation  Money,  fer  Year,  for  Two  Years,  and  no  longer. 

V.  AND  be  it  further  Enacted,  That  William  Eaton.  William  Perfons,  Fran-  Commiffionerj 

„.  -K      \,  r      1  1  1  1  11  •  ^     r-^  -r     appoin'td  to   run 

CIS  Stringer,  and  James  Macklewean,    be,  and  are  hereby  appointed  Comma-  the  diad.np  Line 
fioners ;  v^ho  are  hereby  impowered  and  directed  to  run  a  dividing  Line  between  ^^^i^f^^^i'iokn^. 
the  faid  Counties  of  Granville  and  Johnflon,  as  agreeable  as  may  be  for  the  Eafe  and  fton  counties. 
Convenience  of  the  feveral  Inhabitants  of  the  faid  Counties,  beginning  at  fuch  a 
Place  on  the  Head  Line   aforefaid  of  Edgcomb  County,  as  the  faid  Commiflioners 
lliall  think  meet  and  juft. 

VI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  J"'^'"' ;°  7- . 

_,  -'  '      y  11-11  /-^  commend  PcrfcRJ 

Court  mall,  arthe  firft  Sitting  thereof,  recommendto  his  Excellency  ttie  Govcr-  to  the  Cvemcr, 
nor.  Three  Perfons,  for  his  Approbation  of  one  of  them,  to  execute  the  Ofnce  ^"^  ^^"'^' 
of  Sheriff,  according  to  Law,  for  the  faid  County. 

VII.  AND  to  the  End  that  no  A^ion  begun  in  Edgcomb  County  Court,  be  tzlfV^"fg. 
defeated  by  the  Divifion  aforefaid  ',  Be  it  Enacted,    by  the  Authority    aforefaid  comb,  Procefs  to 
That  where  any  Aftion  is  already  commenced  in  the  faid  Court  of  Edgcomb,  and  fheShcnffoAhtt 
the  Parties  or  Evidences  fhall  be  Inhabitants  of  Granville  County,  all  fubfequent  County. 
Procefs   againft  fuch  Parties  or  Evidences,  fhall  be  directed  to  be  executed  by  the 

Sheriff  of  Edgcomb  County  •,  any  Aft,  Lav/,  Ufagej  or  Cuftom,  to  the  contrary, 
hotwithflanding. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  William  Vearymcn  ap-, 
Eaton,  William  Perfons,    John  Martin,  Edward  Jones,   James  Mitchel,  James  ''°"''"^' 

.  Payne,  Wefi  Harris,  John  Wade,  William  Moore,  Samuel  Lanier,  Robert  Parker, 
and  Jofeph  Sims,  be,  and  they  are  hereby  appointed  Veflrymen  of  the  faid  Parilh 
of  St.  Johnh,  to  ferve  in  Veftry  until  the  General  Eleftion  of  Veflrymen,  ac- 
cording to  Law  ;  and  that  the  faid  Veflrymen  flaall  be  furnmoned,  by  the  Sheriff 

K  k  k  of 


222  LAWS    of    North-Carolina. 

A.  D.  1746,    of  j-he  faid  County  of  Granville^  to  meet  at  the  Houfe  of  William  Eaton^  and 
^'->^-    ^  qualify  themfelves  as  a  Veftry,  and  proceed  to  Parifh  Bufinefs. 

^I'tch'''  ^^^       ^^'  A'N  D  he  it  further  Enactedy  That  all  Public,  County,  and  Parifli  Levie% 
chtp.  s!'  '^*  '  now  due  from  any  of  the  Inhabitants  of  the  faid  County  of  Granville,  fhall  be 
collefted  by  die  Sheriff  of  Edgcomb  County,  and  accounted  for  in  the  fame  Man- 
ner as  though  this  A6t  had  not  been  made. 

SIGNED  by 

Gabriel  Johnston,  Efqj  Governor, 

Nathaniel  Rice y  Prelident, 

Samuel  Swann,  Speaker. 

# 


W2^^i 


jjv   **    jgy 


•Jff" 


Ann« 


LA  fi^  S    of    North-  C  a  r  o  l  i  n  a. 


223 


4iSiWi.^^^^tdhJ<^  Sikl.'iiiJii', 


^iV^qpqi^QP'iiPqp'wP^P^QP'^^^P'^':^^':^^^ 


Anno  Regni 


A.  D.    1746 


G  E  O  R  G  1 1   IL 

Regia,  Magna  Britannia,  Francia,  &: 
Hihernia,  Viceffimo. 


At    a  General    ASSEMBLY,   held  at  fFilmh/gtofjy  the  c 
Fifth  Day   of  Decembery  in    the  Year  of  our  Lord 
Thoufand    Seven  Hundred  and  Forty  Six. 


A  B  ft  t  t  Z, 


One    ^^1>  GoverncT, 


Preamblfi 


CHAP.     I. 

jin  AB^  for  the  better  afcertaining  the  Number  of  Members  to  be  chofen 
for  the  feveral  Counties  within  this  Province^  to  ft  and  vote  in  Gene-^ 
ral  Ajfembly  }    and  jcr  Eftablijhing  a  more  equal  Reprefentative  oj  all 
bis  Majeffs  Subjedis  in  the  Houfe  of  BurgeJJ'es. 

I.  T  T  7"  H  E  R  E  A  S  the  Inhabitants  of  feveral  of  the  Northern  Counties  with- 
YV  ^'^  ^^^^  Province,  have  affumed  to  themfcivts  the  Privilege  01  chocling 
Five  Ir'erfons  refpedtivdy  to  reprefcnt  them  in  the  General  /ifjpmbly,  without 
any  Law,  or  Pretence  of  Law,  to  fupport  fuch  a  Claim,  while  thofe  ot  the  more 
Southern  and  Weftern  Counties,  who  are  more  numerous,  and  contribute  much 
more  to  the  Gent  ral  Tax  of  the  Province  than  fome  of  thofe  who  cl^im  this  Pri- 
vilege, are  reprefcnted  only  by  Two  Members  in  the  faid  Afiembly  ;  from  which 
Inequality  great  Mifchiefs  and  Diforders  have  arifcn,  and  the  belt  Schemes  lor  the 
Good  and  Welfare  of  the  Province,  by  this  Means,  have  been  utterly  dclcatcd  : 
For  preventing  of  which  for  the  future, 

II.  W  E  pray  that  it  may  be  Enaded,  And  he  it  Enacted^  by  his  Excellency  emH  County  t6 
Gabriel  Johnfton,  Efq;  Go^erner^  by  and  with  the  Ad'vice  and  Ccnfent  of  his  Ma-  "'"^  '^*"  '^*' 
jefty^s  Council  and  General  Ajfemhly  of  this  Province^  and  by  the  Authority  of  the 
Jamet  That  from  hencctorward,  the  Inhabitants  of  each  and  every  County  already 
erected,  or  which  Ihall  hereafter  be  ercdted  in  this  Province,  itfpedtively,  Ihall 
and  may  choofc  Two  Perfons,  duly  qualified,  for  there  Kepreftntatives,  to  fit 
and  vote  as  Members  in  the  General  AlTembly  of  this  Province,  and  no  more  j  any 

Law, 


prefenuUTCs. 


224 


La   W  S    of   North-Carolina. 


X  D.     T746. 
V_..s^ ^ 

Tnvvp.j  t-'  choule 
ens  Burgeii. 


Eight  Memt>«rj 
may  zdj'urn,  'til 
I  K'-juf;  made. 


yourtwB  ♦»  enn. 
UyI  paft  Laws. 


KfpealingClaure, 


Law,  Ufagc,  or  Cuftom,  to  the  contrary,  in  any-wifc,  hotwithftanding :  And 
that  the  Freeholders  of  the  fcveral  Towns,  to  wit,  oi  Edenton^  Bath-Tcwn^  New- 
berriy  and  WiLtmigtoyiy  may  h.tve  the  Liberty  of  choofing  One  Repreft ntitivc 
each,  as  heretofore,  to  fit  and  vote  as  Members  in  the  fuid  General  Aifembly,  as 
atorefaid  •,  all  wiiich  fiid  Members  (hall  be  chof^n  at  fuch  Tin:ies  as  Ihail  be  di- 
rcded  by  his  Majelly's  Writ,  and  at  fuch  Place,  and  in  fuch  Mannor,  as  by  an 
A6t  of  the  General  AfTembiy  of  this  Province,  intituled,  An  Act,  to  regulate 
Elections  for  Mcntbers  to  fer^  e  in  General  Ajfembly  for  the  fever al  Count ieSy  to  de- 
clare who  fhall  be  qualified  to  vote  in  the  fa;d  Elections,  or  he  elected  a  Member  of 
the  General  Affembly,  for  any  of  the  faid  Ccjinties,  and  to  direct  the  Mtihcd  to  be 
obferved  in  taking  the  Poll  at  the  fever  al  Elections '  in  the  Counties  and  ^owns  in 
this  Province,  is  direded  and  appointed. 

III.  AND  whereas  great  Mifchicfs  have  arifen,  and  numberlefs  Obflruflioha 
given  to  the  Public  Affairs,  by  the  Members  of  the  Ploufc  of  BurgLircs  not  duly 
attending,  according  to  the  Writ,  or  the  Time  of  Prorogation  or  >r  ctjournmtnt ; 
Be  it  Enacted,  by  the  Authority  aforefaid,  Tlmt  Eight  Members  of  tiie  Houfe, 
at  the  firft  Meeting,  in  Purfu.mce  of  his  Miji-fty's  Writ,  or  the  Time  of  Proro- 
gation or  Adjournment,  arc  hereby  impow^red  to  acijourn  de  Die  in  Diem,  until 
the  Number  of  Members  herein  alter  limited  fhall  ton^c  tog.  ther,  to  ra..kc  a 
Houfc.  ,    , 

IV.  AND  for  the  better  Difpatch  of  Public  Bufinefs,  Be  it  EnaElcd,  by  the 
Authority  aforefaid.  That  Fourteen  Members  of  the  f  lid  Houfe,  and  the  Speaker, 
Ihall  be  a  fulficient  Riorum  to  m^ke  a  Houfe,  and  to  pafs  Laws,  or  do  ^ny 
other  Acft  or  A6ts,  which  any  AflTembly  in  this  i'rovince  h  ive  been  heretofore 
accuftomed  to  do  by  a  larger  Numb.r  j  any  Law,  Cuftom,  Or  UCge,  to  the 
contrary,  in  any-wife,  notwithftanding. 

V.  AND  be  it  further  Enacted,  That  all  and  every  CI aufe  and  Claufes  of 
every  Law  or  Laws,  fo  far  as  relate  to  the  Inhabitants  of  any  County  or  Counties 
in  this  Province,  th:ir  f  nding  above  Two  Members,  exclufive  of  the  Members 
chofen  for  the  federal  Towns,  in  this  Act  before  mentioned,  to  fit  and  reprtfent 
them  in  General  AITembly,  directly  or  indirediy,  is  and  are  hereby  repaled  and 
declared  null  and  void,  to  all  intents  and  Purpufes,  as  though  the  fame  had 
ne\''cr  been  made. 


^  C  H  A. P.     II. 

An  ASt,  to  fix  a  Place  for  the  Seat  cf  Government,  and  for  keeping 
Public  Offices ',  for  appointing  Circuit  Courts,  and  defraying  the  Ex^ 
pence  thereof,  and  alfo  for  e/iablijbing  the  Courts  of  Jujlicc^  and  regu- 
lating the  Proceeditigs  therein. 

i'f«mbi«.  I.  WT  H  E  R  E  A  S  the  Limits  of  this  Province  are  very  extenfive,  ?nd  to 

VV     the  End  that  the  Supream  Court  of  Judicature  and  Public  Cftices  may 

be  held  and  kept  at  the  moil:  proper  and  convenient  Place,  and  Circuit  Courts 

appointed,  for  the  Eafe  and  Benefit  of  the. Inhabitants  in  General  of  this  i  rovince  i 

II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  EnaHed,  by  his  Excellency 
Gabriel  Johnrton,  £/"j  •,  Governor,  by  and  with  the  Advice  end  Cotifent  of  his  Ma- 
jeftfs  Cowicil,  and  General  AfferAbly  cf  this  Province,  and  by  the  Authority  cf  the 
fam.  That  from  and  after  the  Fift^nth  Day  of  Auguji,  n^xt  alter  the  Ratifica- 
tion 


L  A   IV  S    o/'    North-  C  a  r  o  l  i  n  A.  225 

tioa  of  this  Ad,    the  Courts  of  Chancery,   General  Court,  Secretary's  Office,    ^-  ^-  '746. 
Clerk  of  the  Chancery  Office,  and  Clerk  of  the  General  Court  Office,  ffiall  be  ^7     'Y"'~^ 
held  and  kept  at  the  Town  of  Newbern,  in  this  Province  j  and  that  the  Court  of  err""  c.neraT" 
Chancery,  and  the  Supreme  or  General  Court,  fhall  be  held  at  the  faid  I'own  of  [^"^k.^"**  ^"'" 
Ne'-j;bern,  on  the  fcveral  Days  and  I'imcs  herein  after  in  this  Act  diredred  j  and  LfcstN^L^, 
that  all  Bufinefs,  proper  and  incident  to  the  fiid  Courts,  and   Matttrs  appertain- 
ing to,  and  proper  to  be  tranfadted  in  the  faid  feveral  Offices,  Ihall  be  there  done 
and  tranfa(5ted  :  Any  Law,  Ufage,  or  Cuilom,  to  the  contrary,  notwithftanding. 

III.  AND  be  if  further  EnaSied,  by  the  Authority  aforefaid.  That  from  and  curki  when  tw' 
after  thf  faid  Fifteenth  Day  of  Aiigiifi-,  the  Secretary  of  this  Province,  for  the  ^'y=^  '^*'^"  •'^'- 
Time  being,  or  his  Deputy,  the  Clerk  of  the  Chancery,  for  the  Time  being,  or 

his  Deputy,  the  Clerk  of  the  General  Court,  for  the  Time  being,  or  his  Deputy, 

Ihall  Daily  [Sundays  and  Holy-days  excepted)  give  their  Attendance  refpeciively 

a^  their  Offices  in  Ne'-jcbern  aforefaid,  from  the  Hours  of  Ten  of  the  Clock  in  the 

Forenoon,  'til  Twelve,  and  from  Three  of  the  Clock  in  the  Afternoon,  'til  Five, 

for  the  better  difpatching  the  Bufinefs  of  fuoli  Fcrfons  who  fhall  apply  to  their  re- 

fpective  Offices  for  that  Purpofe  ;  and   if  etcher  or  any  of  the  faid  Officers  ffiall  penalty  forNes* 

negle£t  fo  to  do,  he  or  they  fo  offending,  fhall  forfeit,  for  every  fuch  Negled;,  i'^"^.  s '. 

Five  Pounds,  Proclamation  Money  ;  to  be  recovered  by  Adlion  of  Debt,  Bill, 

Plaint,    or  Information,    in  the  General  Court  of   this  Province,-  (wherein  no 

Effoign,  Protedion,  Injundion,  or  Wager  of  Law,  fhall  be  admitted  of,)  by  the 

Party  who  ffiall  make  Information  thereof,  or  fue  for  the  fame. 

IV.  AND  be  it  further  Enacted^  by  the  Authority  afcrefaid^  That  the  Chief  ^^^•"""'■'^'^'p 
Juftice  of  this.  Province,  for  the  Time  b  ing,  Ihall,  Twice  every  Year,  hold  a  where'tobehew'^ 
Court  of  Affize,  Oyer  and  '•Terminer^  and  Gtn  ral  Goal  Delivery,  by  a  Commif- 

fion  or  Commiffions  to  be  iffued  for  that  Purpofe  by  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being,  under  the  Seal  of  the  Province,  at  Edenton^ 
in  Chowan  County,  at  Wilmington^  in  N-^-w-Hanover  County,  and  at  the  Court- 
houfe  in  Edgcomb  County. 

V.  AND  be  it  further  kna^ied^  hy  the  Authority  aforefaid^  That  all  IfTues  in  AiiAftioiwwhea 
all  Anions  and  Plaints,  whether  Real,  PerfonJ,  or  Mixt,  Local,  or  Tranfitory,  '"/c?'"  *°  ^ 
which  ffiall  hereafter  be  brought  or  commenced  in  the  Supreme  Court  of  Com- 
mon Pleas,  in  which  the  Vifne  ffiall  be  laid  in  the  Counties  of  Currituck,  Paf- 

qitotank^  Pequimons,  Chowan,  Bertie,  and  Tyrrell,  ffiall  be  tryed  at  Edenton,  by 
Writ  of  Nifi  Prius,  on  the  Second  Tuefdays  in  October,  and  April :  And  all 
IfTues  in  all  Anions  or  Plaints,  where  the  Vifne  ffiall  be  laid  in  the  Counties  of 
Edgcomb,  Northampton,  and  Granville,  or  in  any  Counties  that  ffiall  hereafter  be 
tflabliffied  to  the  Wejiwcrd  of  Granville  County,  ffiall  be  tryed,  in  like  Manntr, 
at  the  Court-houfe  in  Edgcomb  County,  on  the  Fourth  Tuefdays  in  October,  and 
April,  by  a  Jury  of  Freeholders,  of  the  faid  Counties,  or  any  of  them  :  And  all 
IfTues  in  all  Anions  and  Plaints,  where  the  Vifne  ffiall  be  laid  in  the  Counties  of 
Neiv-Hano-ver,  Bladen,  and  Onflow,  or  any  Counties  that  ffiall  hereafter  be  efla- 
bhfficd  to  t\\G  Southward  or  Weft  ward  oi  Onflow  County,  ffiall  be  tryed,  in  like  . 
Manner,  at  JVilmington,  on  Cape-Fear  River,  on  the  Second  Tuefdays  in  Novem- 
ber, and  May,  by  a  Jury  of  Freeholders  of  the  faid  Counties,  or  any  of  them. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Vifne  in  Vifw  to  be  i.id 
all  Adions  and  Plaints,  (Suits  in  behalf  of  the  Crown,  and  Tranfitory  Acftions,  J^hcrJ^the^S 

'  excepted,)  ffiall  be  laid  in  the  County  where  the  Caufe  of  A6tion  ffiall  arife,  and  Tf  Talon  ftln 
in  no  other,  without  the  Gopfent  ^of  the  General  Courtj  for  good  and  fufficient  "'^*- 
Caufes  ffiewn.  .  .  .        „ 

L  1  1  VII.  AND 


£26  L    A    JV  S    of    North-Carolina. 

A.  D.    1746 

^— — V '       Vil.  AND  be  it  further  Enabled,   by  the  Author ty  aforefaid^  That  all  Writs, 

ivru""'tv.m'"thl  ^iaints,  and  rrocels  wnatfoever,  Ihall,  as  herctotorc,  be  illued  out,  commenced. 
On.  o^urr ;  and  filed  in  the  General  Court  at  Newbcrn  arorcuiid ;  and  all  tiie  Pleadings  and 
lole^had'thlrt'  Procccdings  thcrcon  Ihail  be  carried  on  and  traniudted  in  the  faid  Court,  until  the 
api^H.  Caufe  fhall  be  at  Iffue  j  and  that  when  fuch  Cauies  Ihail  be  at  iffue,  tuii  i'ower 

and  Authority  is  hereby  given  to  the  faid  Court,  to  iffue  out  a  Writ  of  Niji  Prius^. 
and  Subpoena  for  Witnelles  to  appear,  and  to  tranfmit  a  Tranfcript  of  the  Re- 
cord of  the  Proceedings  and  Pleadings  in  all  Atlions,  to  the  proper  Place,  for 
the  Tryal  ot  the  Iffue  before  appointed  for  that  Purpofe,  in  tiie  fame*  Manner  ac- 
cording to  the  Method,  and  as  near  as  may  be,  agreeable  to  the  Fradice,  of  the 
Court  of  Common  Pleas  or  King's  Bench  at  IVdJiminjhr. 

cwef  juftife'«  VIIL  AND  be  it  further  EnaBedj  That  the  faid  Chief  Juftice,  or  fuch  other 
P.werto  try  at  Pe^fon  or  Perfons,  in  Cafe  of  Sicknefsor  Difubility  of  the  Chief  Juftice,  as  fhall, 

the    Timet     3nd  '  -it/-  ri  c      /^  rr 

Piacti afoiefaij.  from  Time  to  Time,  be  appo..it:!d  Juitice  or  Juiticcs  or  Affize,  Ojcr  and  T'^r- 
miner,  and  General  Goal  Delivery,  (hall  have  full  i'owtr  and  Authority  to  try* 
at  the  refpeftive  Places  and  Times  aibrefiid,  all  Illues  remaining  to  be  tryed  in^ 
any  of  the  faid  Records,  as  aforefaid,  and  to  caufe  Juries  to  be  fummoned  and' 
fworn,  and  in  all  Things  relating  thereto,  to  proceed  according  to,  and  as  near 
as  may  be,  agreeable  to  the  Method  ufed  and  pradifed  by  the  Judges  of  Aflize, 
Oyer  and  ^er miner ^  and  General  Goal  Delivery,  in  Efigiand. 

AnA  to  certify  IX.  A  N D  be  it  further  Ena£ledy  That  the  faid  Chief  Juflice  or  Juftices  of 
w%h'rGS  Affize,  Ihall,  upon  the  faid  Tranfcript  of  the  Record,  ctrtiry,  under  his  or  their 
Coort  CfF.c*.  Hands  and  Seals,  the  Verdid  of  the  Juries,  and  the  whoie  1  roceedings  had 
thereuDon,  and  to  return,  or  caufe  the  fame  to  be  returned,  and  filed,  in  the  Ge- 
neral Court  Office  in  Newbern  aforefaid  :  And  the  General  Court  is  hereby  im- 
powered  to  enter,  or  caufe  Judgment  to  be  entered  thereupon,  and  to  iffue  Exe- 
cution, and  in  all  Things  to  proceed  and  ad,  as  near  as  may  be,  agreeable  to  the 
Proeedings  of  the  Court  of  Common  Pleas  and  King's  Bench  at  M'tjtminfier^ 

<ro«m;mofi  to  X.  AND  be  it  further  EnaHedy  by  the  Authority  afcrefaid^  That  a  Commif- 
ti^"  to  oy  crfr  ^lon  of  Oyer  and  Terminer^  and  General  Goal  Delivi  ry,  fliall  be  made  out,  under 
min'ai  Suiti  «t  the  Seal  of  the  Province,  impowering  the  faid  Chief  Juftice,  or  other  Perfon,  10 
ihtOrcmti.  hear  and  determine  ail  Treafons,  Murders,  Burghries,  Felonies,  Trefpaffes,  and' 
Crimes,  of  what  Nature  or  Kind  foever,  committed,  or  which  fhall  hereafter  b^' 
committed,  in  the  feveral  and  refpeftive  Counties,  at  the  fcveral  Times  and  Pla- 
ces hereby  appointed  for  the  Tryal  of  Civil  A6lions,  on  the  Circuits ;  and  the 
faid  Chief  Juitice,  or  other  Perfons,  impowered  as  aforefaid,  are  hereby  direded 
and  authorized,  to  try  all  Perfons  againft  whom  any  Indidtment  (hall  be  found,' 
or  Prcfentment  made,  or  Information  exhibited,  for  any  Crimes,  committed  irf 
any  of  the  faid  Counties,  and  to  proceed  thereupon,  at  the  fame  Places  hereby 
appointed  for  the  Tryal  of  IlTucs  by  Nifi  Prius^  where  the  Vifne  fhall  be  laid  in 
any  of  the  feveral  and  refpedlive  Counties  aforefaid,  by  a  Jury  of  Freeholders  of 
the  faid  refpedtive  Counties,  ahd  to  give  Judgment,  and  award  Execution,  zi 
near  as  may  be,  agreeable  to  the  Method  and  Pradice  of  Judges  of  Allire,  Oyeir 
and  'Terminer^  and  General  Goal  Delivery,  in  England. 

v.fte  Uid,  or  XL  A  N D  be  tt  further  EftaSfedy  by  the  Authority  aforefaidy  That  the  Ifllies  Iij 
fn^nyThcr"''  all  Aftions  or  Plaints  whatlbever,  where  the  Vifne  is  laid  in  any  other  Count^' 
Coumy,  Suit  to  than  before  mentioned,  and  all  Profecutions  fbr  Criminal  Matters,  where  thcS 
Oen'cootV.  '  Fad:  in  the  Indietm,ent  is  laid  to  be  committed  in  any  other  County  than  befortf 
mentioned,  lliall  be  heard  and  tryed  at  the  General  Court,  to  be  held  at  Newbtrif* 

i  XII.  ANB 


LAWS    ^'North-Carolina.  2zy 


1-!%'}. 
. t 


XII.  AND  be  it  further  Enacted^   That  there  fliall  be  Three  ft^veral  Ckrks 
of  the.  Aflize,  to  "xity  Cnc  for  the  iV(?r/i?^?7;  Circuit,  who  fliall  rcfide  and  kctp  ''pp.' "nVV.  ""d 
his  OiHce  in  Edentoyi  j  and  One  for  the  IVeJiem  Circuity    who  ili.ill  refide  and    ''^ ''  ^^^"f"^ 
keep  his  Oiiice  in  the  faid  County   of  Edgcomb  •,  and  One  other  for  the  S'.utbern  "'*"  "^  '  "^  * 
Circuit,  who  fiiall  refide  and  keep   his  Office  in  J'Vilmington ;   Which  iuid  fcvtral 

Clerks  llialf  keep  a  Record  of  ail  the  Criminal  Profecutions,  and  other  i^rofccu- 
tions,  at  the  Suit  of  his  Majtfty,  heard  and  determined  before  the  juHices  of 
Affize,  Oyer  and  1'erminery  and  General  Goal  Delivery,  within  their  refpec^live 
Circuits  -,  which  faid  Clerks  fhall  be  appointed  by  the  Clerk  of  the  Crown'  tor  the 
Time  being  -,  and  alfo,  that  the  Chief  Julfice  of  this  Province,  for  the  1  ime 
being,  fliall  appoint. a  Clerk  or  Clerks,  who  fliall  attend  the  Courts  oi  Nift  Prius : 
And  the  faid  Clerks  fo  to  be  appointed  by  the  Chief  Juflico,  and  Clerk  of  the 
Crown,  are  heieby  veiled  with  the  fame  Power  and  Authority,  to  acf  in  their 
feveral  and  refpedive  Offices,  as  Clerks  of  Affize  and  Nift  Prius  can,  may,  or 
ought  to  do,  on  the  Ciicuits  in  England. 

XIII.  AND  be  it  further  Enact ed^  That  the  feveral  Clerks  fliall  take  and  re-  ckrksFcss. 
ceive,  for  the  Bufinefs  on  the  fcveral  Circuits,  the  fame  Fees  as  by  Lav/  appointed 

for  the  Clerk  of  the  General  Court,  for  the  like  Services ;  and  for  making  the 
Poftra  on  the  Circuits,  Two  Shillings  and  Eight  Pence,  Proclamation  Money. 

XIV.  AND  whereas  the  faid  Chief  Jufliice  and  Attorney -General,  niuft:  ne-  c.  joftke  ani 
ceflTarily  be  at  great  Expence  in  riding  the  Circuits,  and  holding  the  Courts,  at  Attun  y-Oen^- 
the  refpedlive  Times  and  Places  afor;.faid  •,  Be  it  further  Enatled^  by  the  Authority 
aforefaidy  That  the  Chief  Jullice,  tor  his  Trouble  and  Expence  in  riding  and  at- 
tending the  laid  feveral  Circuits,  Ihali  have  and  receive  the  Sum  of  Two  Plun- 

dred  x'ounds.  Proclamation  Money,  Annually  ;  and  the  Attorney-General,  Six- 
ty Six  Pounds  Thirteen  Shillings  and  Four  Pence,  Proclamation  Money,  Annu- 
ally i  to  be  paid  out  of  the  Tax  herein  after  laid  for  that  Purpofe,  by  a  Warrant 
under  the  Hand  of  the  Governor  or  Commander  in  Chief  for  the  Time  being. 

XV.  A  N  D  to  raife  Money  for  defraying  the  Charges  in  building  the  Public  Tax  to  u  Wi^ 
Ojffices,  and  paying  the  faid  Officers  of  the  Circuit ;  Be  it  Ena^ed)  by  the  Au-  f""- "eamg  Pub* 
thority  aforefaidy   1  hat  from  and  after  the  Ratification  of  this  Aft,  a  Tax  of  Four  "  ""  ^^^' 
Piencc,  Proclaniation  Money,  per  Poll,  fhall  be  Annually  levied  on  the  taxable 

Perfons  within  this  Province,  and  coUeded  by  the  Sheriff  of  the  refpedive  Coun- 
ties, at  the  Time  all  other  Taxes  are  colledled  and  paid,  for  and  during  the 
Space  of  Two  Years,  to  be  paid  and  applied  in  Manner  following  ;  that  is  to  fay, 
All  the  Money  arifing  by  the  faid  Tax,  within  the  Counties  of  Craven^  Beau-- 
forty  Hyde,  Carteret,  and  Jchnfton,  fliall,  by  each  Sheriff,  be,  at  the  ufual  Time, 
Annually  accounted  for  and  paid  to  Mr.  John  BarroWy  Mr.  James  Mackkweany 
Mr.  Thomas  PearfoHy  Col.  Thomas  Lovicky  and  Mr.  John  JVeJiy  or  the  Majority 
of  them,  for  and  towards  the  ereding  the  Offices  and  other  Public  Buildings  at 
Newborn  Town,  as  they,  or  the  Majority  of  them,  fliall  think  necefl*ary  and  con- 
venient :  And  all  the  Monies  arifing  by  the  faid  Tax,  within  the  Counties  of 
Berticy  Tyrelly  Chowany  PequimonSy  Pafquotanky  and  Curritucky  fliall  be  paid  to 
Mr.  Jofeph  Blount,  Mr.  John  Benbury,  Mr.  Peter  Payne,  Mr.  Caleb  Wilfon^ 
Mr.  Stephen  Lecy  Mr.  John  fVynn,  and  Mr.  Luke  Sumner ;  to  be  by  them  ap- 
plied towards  repairing  the  Court-houfe  for  holding  the  Afilze  at  Edentcny  and 
finifliing  the  Goal,  as  they,  the  faid  Mr.  Jofefh  Blount,  Mr.  John  Benbury^ 
Mr.  Peter  Payne,  Mr.  Caleb  JVilfon,  Mr.  Steven  Lee,  Mr.  John  Wynn,  and 
Mr.  Luke  Sumner,  or  the  Majority  of  them,  fliall  think  neceflfary  and  con- 
venient :  And  all  the  Monies  arifing  by  the  faid  Tax  within  the  Counties  of  Edg- 
tomb,  Northampton,  and  Granville,  fliall,  by  each  Sheriff,  at  the  ufual  Times, 
be  Annually  accounted  for  and  paid  to  Mr.  John  Haywood^  Mr.  John  Edwards^ 

Dr. 


228 


LA   W  S    of   North-Carolina. 


A.  D.    1746. 


Dr,  Jaries  Payne,  Mr.  John  Dawfcn^  and  Mr.  Jofepb  Howell  \  to  be  applied 
by  them,  or  the  Majority  of  them,  towards  erecting  the  Office,  and  other  Pub- 
lic Buildings,  for  holding  the  faid  Court  of  AfTjze  in  Edgcomb  County  afore- 
fiiid  :  And  all  the  Monies  arifmg  by  the  faid  Tax  within  the  Counties  of  Bladeiiy 
New-Hanover^  and  Onflow  ^  fliaii  be  paid  to  Mr.  Rufus  Mar  [den.,  Col.  Edward 
Hyrne^  Mr.  'Thomas  Jones,  Mr.  John  Starkey,  and  Mr.  Griffith  Jones  \  to  be  by 
them  applied  tov/ards  finifhing  a  Court-houfe  at  Wilmington,  and  building  a 
Goal,  as  they,  the  faid  Mr.  Pjiifus  Mar  [den.  Col.  Edward  Hyrne,  Mr.  Thomas 
Jones,  Mr.  John  Starkey,  and  Mr.  Griffith  Jones,  or  the  Majority  of  them, 
fliall  think  neccffary  and  convenient :  All  which  faid  Perfons  fhail  account  with 
the  General  Afiembiy  for  all  the  Monies  by  them  refpediveiy  received,  and  ap- 
plied towards  the  Ufcs  aforefaid. 

T»xtobei.i<ito  '  XVI.  AND  be  it  [urther  Enacted,  by  the  Authcrit  a[ore[aid.  That  alfo  a 
P»y  c^J"*^^!^^^  Tax  of  Four  Pence,  Proclamation  Money,  fer  Polli  Annually,  lliail  be  levied 
rai-!  sTiaiiet'.  on  cach  and  every  taxable  Perfon  within  this  Province,  for  and  during  the  Term 
of  Three  Years,  and  no  longer  \  and  fliall  be  colleded  by  the  Sheriff  of  each  re- 
fpeftive  County  of  this  Province,  at  the  Time  all  other  Taxes  are  colledled  and 
paid ;  and  ihall  be  paid  into  the  General  Affembly  of  this  Province,  and  by  them 
applied  towards  defraying  and  paying  the  faid  Chief  Jufticc,  and  Attorney-Ge- 
neral, as  a  Recompence  for  their  Trouble  and  Expence  of  going  the  Circuits : 
And  if  any  Surplus  (hall  afterwards  remain,  then  the  fame  (hall  Yearly  be  ap- 
plied, by  the  General  Affembly,  towards  defraying  the  Public  Debts  of  this 
Province. 


"satt  ti  Chi*- 
jkry  when  held. 


Pr»e6eiing»  of 
the  faid  Court. 


XVII.  AND  for  the  better  cftablifhing  the  feveral  Courts  of  Juftice  of  this  ^ 
Province,  fettling  when  the  fame  fhall  be  heldj  and  for  regulating  the  Proceed- 
ings for  the  fpeedy  hearing  and  determining  the  Suits  and  Attions  brought  there- 
in ;  Be  it  Enacted,  That  tlie  Court  of  Chancery  fhail  be  held  at  Nnobern  Town, 
on  the  Second  Tue[day  after  the  Meeting  of  every  General  Court ;  and  may  be  ad- 
journed from  Day  to  Day,  'til  all  the  Suits  and  Bufmefs  then  depending  in  the . 
faid  Court  of  Chancery,  (hall  be  fini(h.ed. 

XVIII.  A  ND  be  it  further  Enacted,  by  the  Authority  afore[aid.  That  the 
Proceedings  of  the  laid  Court  of^,  Chancery,  fhall  be  according  to  the  Rules  here* 
tofore  made  by  the  faid  Court,  and  fuch  as  (hall  be  hereafter  made  by  the  faid 
Court,  for  the  regulating  the  Practice  therein,  and  for  the  fpeedy  carrying  on 
and  determining  all  Suits  therein  commenced  •,  and  that  all  Rules  now  made,  and 
hereafter  to  be  made,  fliall  be  fixed  up  in  the  Office  by  the  Clerk  of  the  Chance- 
ry, that  all  Perfons  concerned  may  have  Recourfe  thereto. 

XIX.  A  N  B  be  it  further  Enacted,  by  the  Authority  a[cre[aid.  That  the  Su- 
preme and  Principal  Court  of  Pleas  to  be  held  at  Ncwbern,  for  his  Majefty's  Pro- 
vince, on  the  Days  and  Times  herein  after  direded,  (liall  be,  and  is  hereby  efta- 
bhfhed,  by  the  Name  of  the  General  Court  of  North-Carolina,  and  (hall  con- 
fift  of  the  Chief  Juftice,  for  the  Time  being,  and  Three  Affociate  Juftiees,  to 
be  commiflioned  by  the  Governor  or  Commander  in  Chief  for  the  Time  beings 
under  the  Seal  of  the  Province  :  Which  faid  Affociates  (hall  be  veiled  with  the 
fame  Power  and  Authority,  as  Affociate  Juftiees  in  England  ufually  have  -,  and 
fhall  alfo,  in  Cafe  of  Sicknefs  or  Difability  of  the  Chief  Juftice,  or  where  he  fliall 
be  a  Party,  have  full  Power  and  Authority  to  hold  the  faid  Court,  and  to  hear 
and  determine  all  Caufes  and  Matters  cognizable  therein, 

p,«.eft  from  the       XX.  AND  be  it  further  Enabled,  by  the  Authority  afore/aid.  That  all  original 
f.idjon«  to^b.  pj.Qj.gf5^  gjjj^g^  tjy  YkVit  or  Summons,  or  any  other  Manner  or  Means,  to  bring 
any  Perfon  or  Perfons  whatfoever  to  anfwer  any  Aftion,  Suit,  Information,  Bill, 

ox 


General    Ccutt 


iffued 


L  A   JV  S    of    North-Carolina.  229 


■V- 

and  fign- 
ihe  Cl)i=f 


or  Plaini:,  in  the  General  Court,  and  all  and  every  other  Procefs  at  the  Common    ^-  ^    '"■*'5- 
Law,  v/hatfotvcr,  (except  Summons  or  Subpoena  for  Witnefics,)  regularly  and  ^""' 
legally  belonging  or  appearing  to,  for,  or  concerning  any  Caufe,  Suit,  Matter,  th  by' 
Or  Thing,  depending,  or  f>;be  depending  or  prorecuted,  in  the  General  Court,  J'''^''"- 
fhall  beTffued  by  the  Clerk  of  the  General  Court,  and  figned  by,  and  bear  Teft, 
of  the  Chief  ^^ctfoi:  the  Time  being. 

XXI.  AND  he  it  Ena^ed,  by  the  Anthci'ity  aforefaid^  That  all  faeh  Writs  Procefs  when  re- 
and  Procefs,  (except  Subpoi-nas  to  fummons  Evidences,  which   may  be  made  'Xtximc^tobe 
returnable  immediately,)  Ihall  be  returnable  on  the  firft  Day  of  every  General  <--x=cute<. 
Court,  and  fhall  be  executed  at  lead  Ten  Days  before  the  Day  mentioned  therein 

for  Return  thereof :  And  if  any  Perfon  takes  out  original  Procefs  whilfl"  the  Ge- 
neral Court  is  fitting,  or  within  Ten  Days  bciore  the  Beginning  of  any  General 
Court,  fuch  Procefs  fliall  be  made  returnable  to  the  next  General  Court,  after 
that  then  fitting  or  beginning  within  Ten  Days,  as  aforefaid,  and  notothcrwile -, 
and  all  fuch  Procefs  iiTued,  made  returnable,  or  executed  at  any  other  Times,  .ind 
in  any  other  Manner,  than  is  herein  directed,  (hall  be,  to  all  Intents  and  Pur- 
pofes,  null  and   void. 

XXII.  PROVIDED  akvays^    That  the  Two  next  fuccceding  General  Provir». 
Courts  fhall   be  held  at  Edenton^  in  the  Months  of  March  and  July,  as  ufual  •, 

and  all  Procefs  fliall  bear  Tell,  and  be  returned  to  the  faid  Courts,  accordingly  ; 
and  that  afterwards,  all  Procefs  iliall  bear  Tell,  and  be  returnable  to  the  General 
Court,  to  be  held  at  NcvsJern. 

XXIII.  PROVIDED  alfo.  That  nothing  herein  contained,  fhall -extend  Criminal  Profe^- 

I  0  1  •  1-  1  .  r        T»7  ■  1  i\  T        1  cutior.s    returna- 

to  be  conlirued  to  invalidate  or  vacate  any  i'rocels,  Warrant,  or  other  Mandate  bie  at  any  Time 
or  Precept,  ilTued  by  any  of  the  judges  or  Juftices  of  the  General  Court,  or  other  °f  *J"=  General 
Juftices  of  the  Peace,  or  by  the  Clerk  of  the  Crown,  on  any  Criminal  Profecu- 
tion,  or  in  his  Majefty's  Behalf,  hut  that  the  fime  may  be  returnable  to  any  Day 
in  the  Sitting  of  the  General  Court,  and  the  Proceedings  in  all  Criminal  Suits  and 
Profecutions,  fliall  be  had  according  to  the  Laws  and  Statutes  of  Great-Britain, 
and  this  Province  ;  any  Thing  herein  contained  to  the  contrary,  in  any-wife, 
notwithftanding. 

"    XXIV.  AND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  from  On  a  Writ  to  tha. 
and  after  the  Fifteenth  Day   of  July  n^xt,  when  any  Writ  fhall  ilfue  whereby  the  f';t.''rn'a'"Bati'" 
Sheriff  is  commanded  to  take  the  Body  of  any  Ptrfon  or  Pcrfons  to  anfwer  unto  B.nd,  with  two 
any  Plaintiff  or  Plaintiffs,  in  any  Adion  in  the  General  Court,  the  Sheriff  fliall  brthe'sJm?""" 
return  therewith  a  Bail  Bond,  with  Two  fufficient  Securities,  for  double  the  Sum 
for  which  the  Perfon  or  Perfons  fliall  be  held  in  Arreff,  (Executors  or  Adminiftra-  Exrcuton  and 
tors  excepted,)  unlefs  fpecial  Cuufe  fliewn  to  the  contrary  to  the  Clerks  Office,  txcTpTe'd."^"'^ 
on  or  before  the  Firfl  Day  of  every  Court. 

XXV.  PROVIDED  never thelefs.  That  in  all  Adions  where  the  Damages  h'rSc'oJ' 
are  uncertain,  and  the  Defendant  in  Cuftody,  or  hath  given  Bail  to  fuch  Acffion  or  magesVeMcerl 
Adlions,  it  fliall  and  may  be  lav/ful  for  the  Defendant  to  apply  to  the  Chief  Juf- 
tice,  or  any  of  the  Aifociate  Juftices,  for  a  Summons,  to  fummon  the  Plaintiff, 
or  his  Attorney,  at  fuch  a  Time  anci  Place  therein  mentioned,  to  appear,  and 
fiiew  Caufe  of  Adion  againft  the  Defendant  •,  which,  if  the  faid  Plaintiff"  fail  to 
do,  or,  by  the  Nature  ofthe  Adion,  Bail  is  not  required,  the  Defendant  fliall  be 
difcharged,  and  the  Plaintiff  accept  of  an  Appearance,  as  in  other  Cafes :  And  if 
it  fliall  appear  to  the  faid  Chief  Juftice,  or  any  of  the  Affociate  Juftices,  from 
the  Nature  of  the  Action,  that  Bail  is  required,  the  Plaintiff  fliall  fwear  to  his 
Caufe  ot  Adion,  and  the  Defendant  enter  into  Bond,  with  Two  Sureties,  for 
double  the  Sum  or  Damage  fworn  to  by  the  faid  Plaintiff:  And  if  the  Sheriff 
•   -   .  M  m  m  fliall 


tain. 


230  L   A    IV  S    of    North-Carolina. 

A  D    1745     fh.ill  not  return  Bail,  or  the  Sail  returned  fhali  be  found  infufficient  on  Exception 

<w — .^ >  taken,  then,  and  in  fuch  Cafe,  the  Sheritf  (liall  be  deemed,  taken,  and  ftand  as 

Special  Bail  for  the  Defendant ;  and  the  Plaintiff  fhall  not  be  delayed  in  his  Suit 
or  Adion,  but  lliall  and  may  proceed^  according  to  the  Rules  hereafter  mention- 
ed -,  and  on  Judgment  or  Recovery,  (hall  take  out  Execution  againft  the  Defen- 
dant, or  Sheriff,  or  both,  at  his  Ekdion  ;  any  Law,  Ufage,  or  Cuftom,  to  the 
contrary,  notwithftanding. 

provifg.  XXVI.  P  F.OV IDEB  alzvays^  That  if  the  Defendant  puts  in  Special  Bail 

before  the  Time  to  plead  given  him  by  the  Rules  hereafter  mentioned  is  expired, 
then  the  faid  Sheriff  fhall  be  difchargcd. 

t^roTifo.  XXVII.  PROVIDED  alfo^  That  the  Sheriff  may  furrender  the  Defendant, 

in  Difcharge  of  himfclf,  any  Time  before  Judgment  is  obtained  againft  the 
Defendant. 

?r.«eci-ngswhen  XXVIII.  A  N D  he  it  further  Er.rMedy  That  when  any  Sheriff  fhall  return, 
S;rt^/'fi.r  w^t  that  he  hath  taken  the  Body  of  any  Defendant,  and  committed  him  to  Prifon  for 
6f'Blii.  "'  want  of  Bail,  the  Plaintiff  may  enter  the  Defendant's  Appearance,  and  the  De- 

fendant fhall  be  at  Liberty  to  plead,  as  if  fuch  Appearance  had  been  entered  by 
himfelf,  and  the  Plaintiff  may  proceed  on  to  Judgment,  as  in  other  Cafes  in  this 
Acl  direded  ;  neverthekfs,  fuch  Defendant  fliall  not  be  difcharged  out  of  Cufto- 
dy,  but  by  putting  in  Bail. 

penalty  on  the  XXIX.  A  N  D  be  it  further  Enacted^  That  if  any  Sheriff  fhall  negled  to  ex- 
sher;flr  for  n.  t  ^^^^^^  ^^^  ^N vX  ov  Writs  iffuing  out  of  the  Geneal  Court,  which  fhall  be  delivered 
txccDting  rits  ^^^^^  ^.^  Twenty  Days  before  the  Courts  Sitting,  or  any  Writ  or  Writs  iffuing 
out  of  the  County  Courts,  which  fliall  be  delivered  unto  him  Fifteen  Days  before 
the  Courts  Sitting,  that  then  the  faid  Sheriff  fhalU  for  every  fuch  Negled,  at  the 
Motion  of  the  Plaintiff  proving  fuch  Delivery,  be  ordered  and  obliged  to  pay, 
to  the  Party  grieved,  all  Coffs  and  Charges  that  may  accrue  in  taking  out  fuch 
Writ  or  Procefs,  and  be  further  liable  to  the  Suit  of  the  Party  injured  ;  unlefs 
the  faid  Sheriff  can  fhew  fulTicient  Caufe,  to  the  Court  from  whence  fuch  Pro- 
cefs iffued,  to  be  by  the  Court  allowed,  why  he  could  not  execute  the  fame. 

fail  Bond  ^eem.       XXX  AND  be  it  further  Ena^ed^  That  no  Perfon  who  has  given  Bail  Bond 
ed  Special  Bail,     to  the  Sheriff,  with  fufficient  Sureties,  and   fhall  be  adjudged  good  by  the  Court, 
fhall  be  compelled  to  put  in  Special,  or  any  other  Bail  j    but  that   fuch  Perfon 
named  in  fuch  Bond,  fhall  be  deemed  and  taken  to  be  Special  Bail,  and  liable  in 
ProceecVn  ,  »f-er  ^^^  ^^""'"  Manner  to  the  Recovery  of  the  Plaintiff;  and  that  the  Plaintiff,  after 
foal  Judgment."  final  Judgment,  fhall  not  take  out  Execution  againft  fuch  Bail,  until  an  Execu- 
tion hrft  be  returned,  that  the  Principal  is  not  to  be  found,  to  fatisfy  fuch  Judg- 
ment ;  and   flaall   alfo  take  out  a    Scire  Facias,  returnable  to  the  fame  Court, 
which  fhall  be  fcrved  on  the  Bail  ;  and  that  aiter  the  Return  of  fuch  Execution 
againft  the  Principal,  and  Scire  Facias  aforefaid,  or  againft  the  Bail,  Execution 
may  iffue  againft  the  Securities,  or  their  Eftatcs,  unkfs  the  Bail  fhall  furrender 
the  Defendant  at  or  before  the  Return  of  the  Scire  Facias,  without  any  other  Pro- 
cefs iffuing  :  Any  Law,  Ufajge,  or  Cuftom,  to  the  contrary,  notwithftanding.- 

Prccef,  t,-,  be  if.  XXXL  A  N  D  for  the  better  afcertaining  what  Procefs  may  or  fhall  be  iffued 
D  f  ""'"rtobe  ^^'^^"^  ^^'^^  Sheriff  fliall  return,  that  the  Defendant  is  not  to  be  found  within  his 
fonnd."  ""' ""  '  Bailiwick  •,  Be  it  Ena^ed,  That  where  the  Sheriff  fliall  make  Return  as  aforefaid, 
the  Plaintiff  or  Plaintiffs  in  any  Ac1;ion,  fliall  and  may  fue  out  an /attachment 
againft  the  Defendant's  Eftate,  returnable  as  is  herein  before  directed  for  the  Re- 
turn of  original  and  other  fubfequent  Procefs,  v/hereupon  to  force  an  Appearance, 
'OT  Capiasy  by  Continuance,  at  the  Election  of  the  Plaintiff  or  Plaintiffs ;  and.  if 

the 


L    ^4   IF  S      of     N  OP.  T  H-C  A  RO  L  I  N  A.  271 

the  Sheriff  fiiall  return  any  Goods  by  him  attaciied,  and  if  the  Defendant  do  not    ^-  ^-  '746. 

plead  to  the  faid  Action  Within  the  Time  limited,  as  is  hereafter  directed,  the  *^ v ' 

l^laintiif  fhail  be  entituled  (if  in  an  A&on  of  Debt,)  to  a  final  Judgment,  and  if 
in  an  Ai5lion  on  the  Cafe,  to  a  Judgment  by  Default,  and  a  Writ  of  Enquiry  of 
Damages  to  be  executed  at  the  next  enfuing  Court  or  Afiize  ;  and  the  Goods  fo 
attached,  Ihall  remain  in  the  Cuftody  of  the  Sherift'  'til  fuch  Judgment  obtained, 
and  then  to  be  dilpofed  of  in  the  fame  Manner  as  Goods  taken  in  Execution  on  a 
Writ  of  Fieri  Facias  ;  and  if  the  Judgment  lliall  not  be  fatisfied  by  the  Goods 
attached,  the  Plaintiff  may  have  another  Execution  for  the  Refidue. 

XXXII.  AN D  be  it  further  Enactedy  by  the  Authority  aforefaidf  That  from  Attaciiment  may 
and  after  the  Ratification  of  this  Aft,  upon  Sufpicion  of  any  Perfon  or  Perfons  sufpici'onof°p"r. 
intending  to  remove  from   his  Place  of  Refidcnce,  and  that  he  is  about  to  with-  '^""^  "moving. 
draw  hinifelf  and  his  Eifedts  out  of  this  Government,  fo  that  Proccfs  cannot  be 

fervcd  on  his  Body,  or  that  he  hath  already  removed  himfelf,  the  Chief  Juftice, 
or  any  Jufcice  of  the  General  Court,  or  any  Juilice  of  the  County  Courts,  may 
grant  an  Attachment,  at  the  Prayer  of  the  Party  to  whom  fuch  Perfon  removing 
or  abfconding  is  indebted,  or  hath  done  any  Damage  or  Injury,  againft  the  Eilate 
of  fjch  Perfon,  returnable  to  the  Court  where  the  Debt  or  iVIatter  is  cognizable, 
as  is  herein  direfted  for  original  Writs ;  and  that  fuch  Attachment  fhall  be  deem- 
ed the  leading  Proccfs  to  fuch  Adion,  and  the  fame  Proceedings  had  thereon  as 
on  an  Attacliment  on  a  Return  of  Ncn  efi  inventus^  by  the  Sheriff:  But  before 
fuch  Attachment  fhali  be  granted,  the  Party  moving  for  the  fame,  fhall  make 
Oath  of  fuch  his  Sufpicion,  and  that  he  vtrily  believes  fuch  Perfon  is  about  to 
withdraw  himfelf  and  Eifcfts,  or  hath  withdrawn  himfelf;  and  fhall  alfo  enter 
into  Bond,  to  the  Defendant,  with  fufRcient  Sureties,  to  fatisfy  all  Cofls  and 
Damages  that  may  accrue  and  be  awarded  to  the  Defendant,  in  Cafe  fuch  Plain- 
tiff fhall  fail  to  prof.cute  or  be  caft  therein  -,  which  Bond  Ihall  be  returned  by  the 
Juftice  into  the  Court  \vhere  the  fame  is  cognizable. 

XXXIII.  P  ROV IDED  al-ways.  That  the  Goods  fo  attached  in  either  Cafe,  Prov:fo. 
as  afore-mentioned,  fhall  and  may  be  replevied  by  Appearance,  and  Special  Bail 
being  given,  if  the  Defendant  fhall  be  ruled  to  give  Bail  by  the  Court. 

,    XXXIV.  A  ND  be  it  further  Enacted,  ^y  the  Authority  aforefaid.  That  where  Jufti*'^  n^y  gram 
any  Perfon,  Inhabitant  of  any  other  Colony  or  Place,  Ihall  be  indebted  to,  or  gainft  Coods'of 
hath  done  any  Tort  or  Injury  to  any  Perfon,  refident  and  an  Inhabitant  of  this  ^^"'S"*  DcUoh. 
Province,  and  cannot  perfonally  be  ferved  with  any  Procefs,  and  hath  Effedls  in 
this  Government,  any  Juftice  may  grant  an  Attachment,  on  the  Party's  making 
Oath  to  the  Truth  of  fuch  his  Allegation,  againft  the  Eftate  of  fuch  Perfon,  re- 
turnable into  the  Court  where  the  Debt  or  Matter  is  cognizable,  fo  as  to  com- 
pell  an  Appearance  ;  and  the  fame   Proceedings  fhall  be  had  thereon,  as  is  before 
mentioned. 

XXXV.  P  ROV  IB  ED  always.  That  the  Goods  fo  attached,  fhall  and  Oood.  .ttacSca 
may  be  replevied  by  Appearance,  and  putting  in  Special  Bail,  if  the  Defendant  r/App^arwce'* 
fhall  be  ruled  to  give  Bail  by  the  Court :  And  if  the  Party  fhall  be  ruled  to  give 
Special  Bail  in  any  of  the  aforefaid  Cafes,  and  cannot  procure  fuch  Bail,  the 
Goods  fo  attached  fhall  remain  in  Cuftody  of  the  Sheriff,  and  fuch  Perfon  fhall 
be  admitted  to  plead  as  if  he  had  given  Bail,  and  the  Goods  left  in  the  Hands  of 
the  Sheriff,  after  Judgment  obtained,  fhall  be  liable  to  the  Recovery  and  Execu- 
tion of  the  Plaintiff;  and  if  fuch  Goods  are  not  found  fufhcient  to  fatisfy  the 
Plaintiff's  Judgment,  Execution  may  iffue  for  the  Refidue,  or  the  Plaintiff  may 
bring  his  Aftion  on  fuch  Judgment,  for  the  Sum  unpaid  and  unfatisfied. 

XXXVI.  AND 


232  L^/^iSo/'    North-Carolina. 

A.  D.    T746. 

^"rT^haT^  XXXVI.  AND  whereas  divers  Perfons,  poffcffed  of  Eftates  in  Lands,  Tene- 
ilX!3nA  ic":u.  ments,  and  Hereditaments,  in  this  Province,  having  contraded  Debts,  or  which 
l"'h!'ut'?°ion"  ^^-^'^  hereafter  contraa  Debts  with  Traders  or  other  Perfons  rcfiding  here,  have 
rftjie,  and  may  depart  the  Province,  without  le^^ving  perfonal  Pilate  fufficitnt  to  lutiify 

the  fame ;  and  there  not  being  fuitabie  Provhlion  made,  whereby  the  Lands  of 
fuch  Debtors  may  be  fubject  to  fatisfy  fuch  Debts  :  i'or  Remedy  wher.of, 

jtiftve  may  iffuc       XXXVII.  B  E  ii  Enacted,  by  the  Authority  aforrfaid^  That  any  Juftice  fhaH 
an  Attachment.    ^^^  ^^^^  ^^^^^  ^^  Attachment,  at  the  Prayer  of  the  Perfon  to  whom  fuch  I'erlon 
or  Perfons  as  aforefaid  is  or  are  indebted,  direded  to  the  Sheriff  of  the  C  ounty 
where  the  Lands  he,  returnable  to  the  Court  where  the  Matter  is  cognizable : 
Proc«d;nes  to  be  '^"^  ^^  ^^^  Sheriff  retums  that  the  Perfon  hath  no  Goods  to  be  found  in  his  Baili- 
hid  thereon.        wick,  the  Court  fhal!  grant  Judgment  for  the  Debt,  due  Proof  thereof  being 
firit  made  ;  which  faid  Judgment  Ihall  be  final  in  Aftions  of  Debt ;  and  in  other 
Aftions,  a  Writ  of  Enquiry  fhall,  at  the  Morion  of  the  Plaintiff,  be  then  exe- 
cuted, or  at  the  Affize,  according  as  the  Vifne  is  laid;  upon  which  Judgment,  a 
Writ  of  Fieri  Facias  fhall  be  awarded,  returnable  to  the  next  fucceeding  Court. 
"  •• 

If  no  Gnnd,  to  XXXVIII.  A  N D  bc  it  further  Enacted,  Thjt  if  die  Sheriff  return  the  afore> 
to  be'fub'eaed'''  faid  Writ  of  Fieri  Facias,  no  Goods  to  be  found  in  his  B.iihwick,  in  fuch  Cafe 
"''"■'''■  the  Court  fhall  nominate  and  appoint  Pive  Pretholders  of  the  faid  County,  who, 
on  Oath,  fliall  value  and  appraife  the  Lands  of  the  faid  Defendant,  or  fo  m.uch 
thereof  as  Ihall  be  fufficicnt  to  fitisfy  the  afbrtfiid  Judgment,  and  all  accruing 
Cofts,  and  fhall  return  fuch  Appraifenftent,  under  their  Hands,  to  the  next  fuc- 
ceeding Court  after  fuch  Appraifcment  -,  and  thereupon  the  Court  fhall  ordt  r  the 
Lands  fo  appraifed  to  be  put  into  the  Poffcffion  of  the  Plaintiff,  r.t  the  appointed 
Value  ;  which  order  fhall  be  a  good  and  fuHicient  'Pitle  to  the  Plaintiff,  his  Heir* 
and  Affigns,  for  ever,  againft  the  Defendant,  his  Heirs  or  Afiigns : '  Any  Sale  of 
fuch  Lands  made  in  Foreign  Parts,  Ad,  Law,  Ufage,  or  Cultom,  to  the  con- 
trary, notwithrtanding. 

Rules  in  the  Ge-       XXXIX.   AND  for  a  mofc  fpeedy  Determination  of  all  Caufcs  depending 
nerai  C(,«rt.        j^^  j.j^^  General  Court,  than  can  pofiibly  he  obtained  by  the  prtf  nt  Practice,  Be 
it  Enabled,  by  the  Authority  afcrcfaid.  That  from  and  after  the  Fifteenth  Day  of 
Auguji  next,  thefe  following  Rules  and  Methods  fliall  be  obfcrvcd  \  to  wit, 

THAT  the  Plaintiff  fh;Jl  file  his  Declaration  on  or  before  the  Second  Day 
of  every  Court  or  Term,  in  the  Office  of  the  Ckik  of  the  Central  Court,  and 
fcrve  the  Delendant  with  a  Copy  of  fuch  Declaration,  at  kail  Ten  Days  be  lore 
the  Sitting  of  the  Court  to  which  fuch  Suit  is  brought-,  or  a  Non-profs  ihall 
be  entered  by  the;  Defendant.. 

THAT  the  Defendant  fliall  appear,  and  plead,  or  demur,  within  the  firit 
Four  Days  of  the  Term  to  which  the  Writ  is  returnable  •,  otherwife  the  I'laintlff 
fhall  have  Judgment  by  Default,  which,  in  Debt,  fhall  be  final,  unkfs  the  Da- 
mages are  to  be  fiiggeiled  on  the  Roll  -,  in  that  Cafe,  and  in  all  Adions  where 
the  Plaintiff  fhall  recover  in  Damages,  a  Writ  of  Enquiry  ihall  be  executed  the 
next  Court,  or  at  the  Affizes  :  Provided,  that  where  the  Nature  of  the  Adion 
requires  Special  Pleading,  the  Court  may  enlarge  the  Time,  on  fufficient  Cauf^ 
{hewn. 

THAT  where  the  Defendant  pleads  fpecially,  the  Plaintiff  fliall  reply  in 
Four  Days,  or  a  Non-profs  ihall  be  entered  by  the  Defendant ;  and  if  tlie  Plain- 
tiff replies,  and  in  his  Replication,  tender  an  lime,  the  Defendant  ihall  join  Iffue, 
or  demur,  in  Four  Days  i  and  when  the  Defendant  rejoins  to  the  Plaintiff's  Re- 
plication, 


L  A   7V  S    (9;^    N  Q  R  T  rt  -  C  A  R  o  L  I  N  A.  233 

plication,  he  (hall  file  his  Rejoinder  ia  Four  Days,  or  Judgment  Ihall,  in  either   ^-  ^-  ^746_ 
Cafe,  go  againft  the  Defendant,  by  Default,  unlefs  the  Time  for  fuch  Pleadings  '^        "*" 
fhiiil  be  enlarged  by  the  Court,  as  aforefaid  ;  and  the  fame  Time  fliall  be  given, 
and  Rules  oblerved,  through  the  whole  Courfc  of  Pleading. 

T  H  A  T  all  Ifilies  (hall  be  tryed  at  the  next  fjcceeding  Court,  or  at  the  ne£t 
Alfize,  after  the  Illue  joined,  without  any  Notice  given  by  the  Attorney  of  either 
Side  ;  nor  fhall  fuch  Caufe  be  continued  or  delayed,  unlefs  Special  Caofe  be  Ihewn 
to,  and  approved  of,  by  the  Court. 

T  H  A  T  the  Clerk  of  the  General  Court  fhall  enter,  in  a  particular  Docket 
for  that  Purpofe,  all  fuch  Cafes,  and  thofe  only,  in  which  any  IfTue  is  to  be 
tryed.  Writ  of  Enquiry  to  be  executed.  Special  Verdidl  or  Demurrer  to  be  af- 
gued,  in  the  fame  Order  as  they  ftood  in  the  Courfe  of  Proceedings. 

THAT  where  a  Special  Verdift  fhall  be  found,  or  where  there  fliall  be  a 
Demurrer  to  Evidence,  or  Bill  of  Exception,  Time  fhall  be  allowed,  upon  Mo- 
tion of  either  Party  to  the  next  General  Court,  to  argue  the  fame. 

THAT  for  the  more  entire  and  betttr  Prcfervation  of  the  Records  of  the 
Court,  where  any  Caufe  is  finally  determined,  the  Clerk  fhall  enter  all  the  Pro- 
ceedings therein,  and  other  Matters  relating  thereto,  in  a  Book,  to  be  kept  for 
that  Purpoie,  fo  that  an  entire  and  perfe6t  Record  may  be  made  thereof. 

T  H  A  T  all  Caufes  to  be  tryed  by  Jurors,  be  firft  beared. 

T  H  A  T  all  Motions  in  Arreft  of  Judgment,  fhall  be  argued  in  the  Four 
laft  Days  of  the  Term  the  lifue  is  tryed,  or  the  Court  after  any  IflTuc  fhall  be 
tryed  at  the  Afiize -,  the  Defendant's  Attorney  firft  ferving  the  Plaintiff '3  At- 
torney with  a  Copy  of  his  Reafons  in  Arreft  of  Judgment,  the  next  Day  after 
fuch  Motion. 

THAT  all  Arguments  on  Writs  of  Error,  Special  Verdidls,  and  Demur- 
rers, be  beared  on  the  Four  laft  Days  of  the  Term,  and  at  no  other  Time. 

XL.  AND  be  it  further  EnaSled,   That  all  the  Statutes  of  Jeofails  which  ?,'^'''f„' f^^.J"' 
are  now  in  Force  in  England^  are  hereby  declared  to  extend  and  be  in  Force  here  \  hae, 
and  that  the  fame  be  duly  obfcrved  by  all  Judges  and  Juftices  of  the  feveral 
Courts  of  Record  within  this  Province,  according  to  the  true  Intent  and  Mean- 
ing of  the  faid  Statutes  •,  any  Law,  Ufage,  or  Cuftom,  heretofore  made  to  the 
contrary,  notwithftanding. 

XLI.  A  N  D  to  the  End  that  a  certain  Time  be  limited  for  the  Sitting  of  the  Cenewi  Coart 
General  Court,  and  that  Perfons  who  have  any  Suit  or  Matter  there  depending,  J^  b"  held.*  "" 
may  the  better  know  v/hen  to  attend,  and  that  their  Bufinefs  may  be  the  better 
difpatched  •,  Be  it  EnaSled^  by  the  Authority  aforefaid^  That  the  General  Court 
fhall  be  held  at  Newbern  Twice  every  Year,  to  wit.  On  the  Second  Tuefdays  in 
September  and  March,  Yearly  ;  and  every  Court  fliall  continue  to  be  held  Twelve 
Days,  Sundays  exclufive,   and  no  longer. 

XLII.  PROVIDED  neverthelefs.  That  if  all  Suits  and  other  Matters  de-  Provifc. 
pending  in  the  faid  Court,  fhall  be  ended  in  lefs  Time  than  the  Days  appointed 
by  this  Aft  for  the  faid  Court  to  be  holden,  it  fhall  and  may  be  lawful  to  adjourn 
the  fame  until  the  next  fucceeding  General  Court, 

N  n  n  XLIIl.  AND 


234  -^    -^    W  S     of    North-Carolina. 

A.  D.  "1746, 

**""  V  "^  XLIII.  A  N  D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the 
Court  when 'and  firfl  General  Court  to  be  held  at  Newbern,  fnall  begin  on  the  Second  T'Hefday  in 
wh'jre  to  be  heia.  ^gpt  ember,  next,  after  the  Ratification  of  this   Aft;  to  which  Time  and  Place, 

all  Bufinefs  depending  in  the  General  Court  in  July  next,  fliall  ftand  continued 

and  adjourned. 


Rules  for  taking      XLIV.  AND  forafmuch  as  in  many  Cafes  in  the  Tryal  of  Matters  of  Fad  in 
Affid:>vits  of     the  General  Court,  it  may  be  necelTary  to  examine  feveral  Witneffes,  that  the 
WitnsfTcs.         Xruth  in  fuch  Cafes  may  be  the  better  known  •,  Be  it  Enabled,  by  the  Authority 
aforefaid.  That  the  following  Orders,  Rules,  and  Methods,  in  taking  of  Affida- 
vits of  Witneffes,  in  all  Cafes  depending,  or  to  be  depending,  in  the  faid  Court, 
and  every  of  them,  be  obferved  and  put  in  Praftice  •,  to  wit, 

T  H  A  T  in  all  Caufes  where  Witneffes  are  to  appear  at  the  General  Court,  a 
Summons  Ihall  be  iffued  by  the  Clerk,  for  the  Time  being,  dire6led  to  the 
Sheriff  of  the  County  where  fuch  Perfons  refide,  exprefsly  mentioning  the  Time 
and  Place  where  the  Witneffes  are  to  appear,  and  the  Names  of  the  Parties  to  the 
Suit  wherein  they  are  to  give  Evidence,  and  at  whofe  Requeft  they  are  fum- 
moned. 

THAT  every  Subpoena,  made  returnable  imir^ediately,  fhall  be  perfonally 
ferved  on  any  Perfon,  who  is  thereby  fummoned  as  a  Witnefs  to  attend  the  Ge- 
neral Court. 

T  H  A  T  a  Copy  of  any  Subpoena  or  Summons,  iffued  by  the  Clerk  in  the 
Vacation,  and  returnable  on  the  firft  Day  of  Court,  or  any  other  Day  of.  the 
Court,  or  on  the  firfl:  Day  of  the  Affize,  in  Cafe  the  Perfon  therein  named  be  not 
found  at  home  at  the  Time  of  going  to  ferve  the  fame,  left  at  the  ufual  Refidence 
or  Abode  of  fuch  Witnef^  or  Witneffes  therein  named,  by  the  Sheriff,  Five  Days 
before  the  Return  of  fuch  Writ,  fhall  be  deemed  a  good  and  valid  Service,  and 
the  Perfon  thereby  bound  to  appear. 

Penalty  oa  Wit-      XLV,  A  N  D  be  it  further  Enabled,  That  if  any  Perfon  be  fummoned  to  at- 
"ttlnd  '^"''"^  "  tend  accordingly,  every  fuch  Perfon  fo  failing,  fhall  forfeit,  to  the  Perfon  or 
Perfons  at  whofe  Suit  the  Summons  iffued.  Twenty  Pounds,  Proclamation  Mo- 
ney ;  and  fhall  be  further  liable  to  an  Adion  on  the  Cafe,  for  what  Damages 
fuch  Perfon  fhall  fufl:ain,  for  Want  of  fuch  Witnefs's  Teflimony. 

Provifo.  XLVI.  PROVIDED  always.  That  if  fufficient  Caufe  be  fhewn  by  the 

Perfon  fo  fummoned,  and  failing  to  appear,  of  his  or  her  Incapacity  to  attend, 
at  the  Time  he  or  Ihe  ought  to  have  appeared,  then  no  Forfeiture  or  Penalty  fhall 
be  incurred  by  fuch  Failure :  But  if  fufficient  Caufe  be  not  fhewn,  at  the  next 
fucceeding  Court  after  fuch  Failure,  on  Notice  given,  it  fhall  and  may  be  lawful 
for  the  faid  Court,  upon  Motion  of  the  Party  for  whom  fuch  Witnefs  was  fum- 
moned, to  grant  Judgment  for  the  Forfeiture  afore-mentioned,  againfl  the  Per-^ 
fon  or  Perfons  fo  fummoned  and  failing  to  appear,  as  aforefaid. 

witneis  unable  XLVII.  A  N  D  be  it  further  Enacted,  That  if  any  Witnefs,  by  Sicknefs, 
ntion'"'^'  ^1^''"'  -^S^'  or  other  lawful  Difability,  be  incapable  of  attending  to  give  his  or  her  Evi- 
takeB.'"'^  ^  dence,  according  to  fuch  Summons,  on  Oath  made  thereof,  the  Judge  or  Juf- 
tices  of  the  General  or  County  Court  where  fuch  Suit  is  depending,  fhall  or  may, 
by  a  Commiffion  or  Commiffions,  from  Time  to  Time,  as  Need  may  requii-e, 
impower  fuch,  and  as  many  Perfons  as  they  fhall  think  fit  and  neceffary,  in  any 
County  within  this  Government,  to  take  and  receive  all  and  every  of  the  Depofi- 
tions  of  any  Perfon  or  Peribns  fo  difabled,  as  aforefaid. 

XLVIII.  PRO- 


LAWS    of    North-Carolina,  235 

A.  D.    1746. 

XLVIII.  PROVIDED  always,  ^  That  the  Party  praying  for,  and  obtain-  ^;j;v- ' 

ing  fuch  Commifllon  or  Commiffions,  tor  taking  and  receiving  any  Depofitions 
aforefaid,  fhall  make  known  to  the  other  Party  againft  whom  the  fame  is  to  be 
taken,  the  Time  and  Place  of  the  Execution  of  every  fuch  Commiffion,  at  leaft 
Ten  Days  before  the  Day  appointed  for  fuch  Execution  •,  who  fhall  have  Liberty 
to  crofs  examine  fuch  Witneffes  •,  and  all  Depofitioiis  otherwife  taken  than  is 
herein  diredled,  fhall  be,  to  all  Intents  and  Purpofes,  naU  and' void. 

XLIX.  AN  Die  it  further  Enacted,  That  if  any  Perfons  whofoever,  be  fum-  Penalty  on  Per- 
moned  as  a  Witnefs,  and  upon  his  or  her  Appearance  in  the  General  or  County  ^""^  ^'^"'""s  '° 

»  •     pivc  lividcncc 

Court,  or  before  the  Perfon  appointed  to  take  Depofitions  as  aforefaid,  fhal]  re- 
fufe  to  give  Evidence,  upon  Oath,  fuch  Perfon  fo  refufing,  fhall  immediately 
be  thereupon  committed  to  the  Common  Goal,  there  to  remain,  without  Bail  or 
Mainprize,  until  he  or.  fhe  fhall  be  willing  to  give  Evidence,  upon  Oath,  in  fuch 

Manner  as  the  Law  now  doth,  or  at  any  Time  hereafter,  fhall  direft.''-'--^ 

.oij  !(_•'■■      -  't  -joi  ?  ■ 

L.  P  ROV  ID  ED  d-ujays.  That  the  People  called  ^^/^^r/,  /half  have  the  Quakers  allowed 
fame  Liberty  of  giving  their  Evidence,  by  Way  of  Solemn  Affirmation  or  De-  thv-ifAffirmatit.n, 
claration,  as  by  an  Adt  of  Parliament,  made  in  the  Eighth  Year  of  the  Reign  of 
the  late  King  George,  intituled.  An  A£i,  for  granting  to  the  People  called  Qua^ 
kers,  fuch  Forms  of  Affirmation  or  Declaration,    as  may  remove  the  Difficulties 
which  many  of  them  lie  under  ;  and  that  all  Negroes,  Mulattoes,  bond  and  free, 
to  the  Third  Generation,  and  Indian  Servants  or  Slaves,  fhall  be  'deemed  and  ^vfE^de^ceon! 
taken  to  be  Perfons  incapable,  in  Law,  to  be  Witneffes  in  any  Caufe  whatfo-  'y  ^e^'"**  °"^  *- 
ever,  except  againft  each  other.  not  er. 

LI.  AND  he  it  further  Enacted,  That  during  the  Attendance  of  any  Per-  witncncsexempt 
fon,  fummoned  as  a  W^itnefs  at  the  General  or  County  Courts,  and  .as  the  faid  fromFroccfs^du- 
Perfon  fhall  be  going  to,  and  returning  from  the  Place  of  fuch  Attendance,  al-  ''"^ 
lowing  One  Day  for  every  Twenty  Five  Miles  fuch  Perfon's  Refidence  (hall  be 
diftant  from  the  fame,  no  Perfon  whofoever  fhall  lerve  or  execute,  or  caufe  to  be 
ferved  or  executed,  upon  any  Perfon  lb  attending,  going  to,  or  returning  from^ 
fuch  Place  of  Attendance  as  aforefaid,   any  Writ,    Procefs,    Warrant,   Order, 
Judgment,  or  Decree,  in  any  Caufe  -,  and  if  fuch  fhall  be  ferved  or  executedj 
the  fame  fhall  be  void,  to  all  Intents  and  Purpofes. 

LII.  AN D  be  it  further  Enacted,  That  for  every  Mile  any  Perfon  fhall  Allowance  for 
travel,  either  in  going  to,  or  returning  from,  the  Place  where  he  or  fhe  fhall  be  Evidences. 
fummoned  to  appear  as  a  Witnefs,  there  fhall  be  paid  to  him  or  her,  by  the  Per- 
fon or  Perfons  on  whofe  Behalf  the  Summons  iffued.  Three  Half  Pence,  Procla- 
mation Money,  per  Mile,  together  with  the  neceffary  Charges  of  Ferriage,  in 
going  and  returning,  and  Two  Shillings,  Proclamation  Money,  per  Day,  for 
every  Day's  Attendance,  from  the  Time  appointed  for  Appearance,  until  the 
Time  fuch  Perfon  fhall  have  given  his  or  her  Evidence,  or  fhall  be  difcharged, 

LIII.  AND  be  it  further  Enabled,  That  in  any  Bill  of  Cofts,  there  fliall  not  3  witneffes  ai- 
be  allowed  the  Charge  of  above  Three  Witneffes  to  the  Proof  of  any  one  particu-  '°^^^^  tooneFaa. 
lar  Matter  of  Faft. 

LIV.  PROVIDED  always.  That  no  Suit  fhall  be  brought  to  the  General  n„  s«it  te  bein 
Court,  for  a  lefs  Sum  than  Five  Pounds,  Proclamation  Money ;  unlefs  the  Plain-  '^e  Gen.  court 
tiff  and  Defendant  live  in  different  Counties.  ^'" '''"'  '*"'"  ^  '" 

LV.  AND  for  the  better  Eflablifhing  the  County  Courts  within  this  Pro-  county  Courts 
vince,  and  regulating  the  Proceedings  therein  •,  Be  it  Ena£ledy  That  in  every  Eft.<Win>«d. 

County 


236  La   W  S    of   North-Carolina. 


A.  D.  1746.    County  within  this  Government  refpefftively,  there  ihall  be  held  Four  Courts  in 

^-. — ^ f  ^^^  Year,  at  fuch  Times  and  Places  as  heretofore,  according  to  antient  Cuftom 

*    and  Uliige,  hath  been  known,  ufed,  and  pradifed. 

Three  juftices  to       Lvl.  AND  h  it  Efiac^ed,  hy  the  Authority  aforefaid.  That  the  Juflices  of 
"y''JiMauersby  thc  aforcfaid  County  Courts,  or  any  Three  of  them,  fhall  and  may  take  Cogni- 
them  oognizabic.  ^a^ce  of,  and  are  hereby  declared  to  have  full  Po\ver,  and  lawful  Authority, 
and  Jurifdi6tion,  to  hear,  try,  and  determine,  all  Caufes,  A6tions,  Suits,  Mat- 
ters, and  Things,  at  Common  Law,  where  the  Debt,  Damages,  and  Caufe  of 
Aftion,  is  above  Forty  Shillings,  Proclamation  Money,  and  does  not  exceed 
Twenty  Pounds  like  Money  •,  (Adlions  of  Trefpafs  in  Ejedment,  "Writs  of  For- 
medon  in  Dccendtr,  Remainder,  and  Reverter,  always  excepted  -, )  and  all  Petty 
Larcenies,  Affauks,  Batteries,  and  Trefpafles,  Breaches  of  the  Peace,    Crimes, 
Offences,  and  all  other  Mifdemeanors,  of  what  Kind  foever,  of  an  inferior  Na- 
ture, may  hear,  (Forgery  and  Perjury  excepted,)  by  Indidment,  Information,  or 
Prefentment  •,  and  all  Matters  pertaining  to  Orphans,  and  their  Eftates,  and  all 
Petitions  for  filial  Portions  and  Legacies,  or  other  Parts  of  Inteftates  Eftates : 
Their  Power  oat  And  that  the  faid  Juftices  of  the  Peace,  and  every  of  them,  from  Time  to  Time, 
of  Court.  ^^^  ^^  ^jl  Times,  during  their  Continuance  in  that  Office,  as  well  out  of  Court, 

as  wkhin,  fhall  have  full  Power  and  Authority,  as  amply  and  fully,  to  all  In- 
tents and  Purpofes,  as  Juftices  of  the  Peace  in  the  Counties  in  England^  as  well 
out  of  their  Court  of  Quarter  Seffions,  as  within,  to  preferve,  maintain,  and  keep 
the  Peace  within  their  refpeclive  Counties  j  and  in  the  hearing,  trying,  and  deter- 
mining of  all  Caufes,  according  to  the  Authorities  and  Powers  granted  to  them 
by  this  Ad,  or  which  ftiall  be  granted  to  them  by  any  other  or  more  Ad  or 
Ads,  and  every  of  them,  ftiall  proceed  to  do  Juftice,  to  all  Perfons  whatfoever, 
according  to  Law. 

Attflwey  Gene-  LVII.  A  N  t)  be  it  further  Ena^ed,  That  the  Attorney-General,  for  the  Time 
Dlp«Vin°"ch  being,  is  required  and  authorized  to  appoint  a  Deputy  in  each  County  within 
County.  ti^is  Province  ;  which  faid  Deputy  ftiall  and  may  profecute  all  Matters,  cogniza- 

ble in  the  County  Court,  for  and  in  Behalf  of  his  Majefty,  and  ftiall  take  and  re- 
ceive Thirteen  Shillings  and  Four  Pence,  Proclamation  Money,  on  each  and 
every  Bill  of  Indidment  found,  or  Prefentment  made,  in  the  faid  Court  in  which 
he  is  or  fliall  be  Deputy. 

cunty  Court.        LVlII.  AND  that  all  Perfons  may  be  at  the  greater  Certainty  when  to  attend 

when  held.         ^.j^^  ^^-^  Courts ;  Be  it  Enacted,  by  the  Authority  afore/aid.  That  the  Courts  of 

the  feveral  Counties  ftiall  be  holden  on  the  refpedive  Days,  and  at  the  refpedive 

Places  they  were  ufually  held,  and  ftiall  not  be  adjourned  to  any  other  Time  than 

the  next  fucceeding  Court  which  fliall  be  in  Courfe,  Quarterly. 

.  p^^^j^  LIX.  PROVIDED  always.  That  if  k  ftiall  fo  happen,  that  all  the 
Sjoirn,  '''""'  Caufes  depending,  or  to  be  depending  in  any  of  thc  faid  Courts,  cannot  be 
beared,  tryed,  and  determined,  upon  the  Day  appointed  for  holding  the  Courts 
>  refpedivcly,  that  then,  and  in  all  fuch  Cafes,  it  fliall  and  may  be  lawful  for  the 
Juftices  of  fuch  Courts,  to  adjourn  and  hold  the  Court,  de  Die  in  Diem,  fo  as  the 
faid  Court  fliall  not  continue  to  be  held  longer  than  Five  Days ;  in  which  Time, 
all  Caufes  and  Controverftes  then  depending  before  them,  fliall  be  lieared,  tryed, 
and  determined,  or  continued  over  until  the  next  Court  in  Courfe. 

Rules  i«  the         LX.  AND  for  thc  regular  and  fpeedy  Profecution  and  Determination  of  all 
Co.ntyCou.ts.    ^^^^^^  ^^^  g^j^^  j^  ^j^^  faid  County  Courts,  Be  it  Enabled,  by  the  Authority 
aforefaid.  That  the  following  Rules  and  Methods  fliall  be  obferved,  to  be  thc 
Pradice  of  the  feveral  County  Courts  within  this  Province  :  That  all  Writs,  Sum- 
mons, or  other  Procefs,  to  bring  any  Perfon  or  Perfons  into  Court,  from  and 

after 


LAWS     of    North-Carol  I  N  A.  "^iJ 


after  the  faid  Fifteenth  Day  of  July^  next  ;ifter  the  Ratification  of  this  Ad:,  fliall  ^  ^-   ''+^^ 
be  fio-ned  and  bear  Teft  by  the  Clerk  of  the  County  Cotirt  from  whence  ftich       '"^ 
Procefs  ifllies. 

LXI.  A  NT)  be  it  further  Enacted,  hy  the  Authority  aforefaid,  Thzi-iW  (\.\c\v  Wnts,&c.  when' 
Writs,  Summons,  or  other  Trocefs,  (except  Subpoenas  to  fummqii  Evidences,  l^wim  Time  w 
which  may  be  made  returnable  immediately,)  fhall  be  returnable  on"  the  Firft  be  executed. 
Days  of  fuch.  Court,  and  Ihall  be  executed  at  leaft  Five  Days  before  the  Day 
mentioned  therein  for  Return  thereof-,  and  all  Declarations  Ihall  be  ferved  at  leail 
Five  Days  before  the  Day  of  the  Sitting  of  the  Court:  And  if  any  Perfon  ifiues 
any  Writ  or  Procefs  whilft  fuch  Court,  is  fitting,  or  within  Five  Days  before  the 
Beo-irtning  of  any  County  Court,  fuch  Writs  or  Procefs  fliall  be  returnable  to  the 
County  Court  after  that  then  fitting  or  beginning  within  Five  Days,  as  nforefaid, 
and  no  otherwife  ;  and  all  Writs  and  Proctfs  iffued,  made  returnable,  or  executed, 
at  any  other  Times,  and  in  any  other  Manner  than  is  herein  direclec],  fliall.  be 
null  and  void.  /     ' 

LXII.  PROVIDED  always.  That  nothing  hefeih  contained,' fhaiPel^-  ^^Y£"^r?&c' 
tend  or  be  conftrued,  to  invalidate  or  vacate  any  Writ,  Procefs,  Warrant," or  "' 
Precept,  ifllied  by  any  of  the  Juftices  of  the  County  Courts  on  any  Criminal 
Profecution,  or  in  his  Majtfty's  Behalf,  but  the  fime  may  be  returnable  on  any 
Day  in  the  Sitting  of  the  fuid  Court;  and  the  Proceedings  in  all  Criminal  Suits 
and  Profecutions,  fhall  be  had  according  to  the  Laws  and  Statutes  ot  Great- 
Britain,  and  this  Province :  Any  Thing  herein  contained  to  the  contrary,  jn 
any-wife,  notwithftanding.  ~.!"\.  '. 

LXIII.  AND  be  it  further  Enabled,  by  the  Authority  uforefaid,  "^Viit  frdtfi  sherifstJuty, «« 
and  after  the  faid  Fifteenth  Day  of  July,  when  any  Writ  Ihall  iffue  to  take  the  \^^^^  ^(t't^ 
Body  of  any  Perfon  to  anfwer  unto  any  Plaintiff,  in  any  Adion  in  a  County  peWon'/  " 
Court,  the  Sheriff  fhall  return  therewith    a  Bail  Bond,  with  Two  fufficient  Se- 
curities, for  double  the  Sum  for  which  the  Perfon  fhall  be  held  in  Afreft,  (Exe- 
cutors and  Adminiftrators  only  excepted,)  to  the  Clerk,  on  or  before  the  firft 
Day  of  every  Court;  and  if  the  Sheriff  fhall  not  return  Bail,  or  the  Bail  fo  re-  oi  what  liable  to, 
turned  fhall  be  found  infufhcient,  upon  Exception  taken  thereto,  then,  and  in 
fuch  Cafe,  the  Sheriff  fhall  be  taken  and  fland  as  Special  Bail  for  the  Defendant, 
and  the  Plaintiff  fhall  not  be  delayed  in  his  Suit  or  Adion,  but  fhall  and   may 
proceed,  according  to  the  Rules  hereafter  mentioned  ;  and  on  Judgment,  or  Re- 
covery, fh.tll  t-ike  out  Execution  againft  the  Defendant  or  Sheriff;  any  Law, 
Ufage,  or  Cuflom,  to  the  contrary,  notwithftanding. 

LXIV.  P  ROVIDED  al'Ways,  That  if  the  Defendant  puts  In  Special  Bail,  Pf^^''"' 
before  the  Time  to  plead  given  him  hereafter  mentioned  is  expired,  then  the  faid 
Sheriff  fhall  be  difcharged. 

LXV.  PROVIDED  alfo.  That  the  Sheriff  may  furrender  the  Defendant,  Provifa, 
in  Difcharge  of  himfelf,  any  Time  before  final  Judgment  is  obtained  againft  the 
Defendant. 

LXVI.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  from  ^"^^'^^''^^e'" 
and  after  the  faid  Fifteenth  Day  of  July,  the  Defendant  fhall  enter  his  Appear-  County  Courtr, 
ance,  and  file  his  Plea,  whether  General  or  Special,  the  firft  Court,  which,  if  he 
fail  or  negkd  to  do,  the  Plaintiff  fhall  have  Judgment,  by  Default ;  which  faid 
Judgment,  in  Adions  of  Debt,  fliall  be  fin  J,  except  where  Damages  are  to  be 
fuggefted  on  the  Roll,  in  which  Cafes,  and  all  others  where  the  Plaintiff  fhall  re-^ 
cover  in  Damages,  a  Writ  of  Enquiry  fhall  be  executed  the  next  Court. 

O  0  o  THAT 


238  L   A    ti/"  S    o/'North-Carolina. 


yl.  D.    1746. 

*'-"- ■"V""^  T  H  A  T  all  Ifiues,  whether  General  or  Special,  fhall  be  joined,  tryed,  and 
argued,  the  next  fucceeding  Court  -,  unlefs  fufficient  Caule  is  fliewn  to  fuch 
Court,  why  fuch  Caufes  {hall  be  continued  or  laid  over  to  the  next  Court  then 
fucceeding. 

T  H  A  T  all  Caufes  at  Ifilie,  ready  for  Tryal,  fhall  be  firft"  Hgare^  and  tryed. 

THAT  every  Motion  in  Arrefl  of  Judgment,  fhall  be  made  and  argued. 
Ore  TcniiSy  the  laft  Day  of  the  fame  Court  the  Iffue  is  tryed. 

THAT  where  any  Special  Verdidt  fhall  be  found,  or  Demurrer  to  Evidence 
filed,  at  the  Motion  of  either  Party,  Time  fhall  be  allowed  to  the  next  fucceed- 
ing Court  for  hearing. 

T  H  A  T  the  Clerk  of  every  County  Court,  when  any  Caufe  is  finally  deter- 
mined, fliall  enter  all  the  Pleadings  and  other  Matters  relating  thereto,  into  a 
Book,  to  be  kept  for  that  Purpofe,  that  an  entire  and  perfedl  Record  may  be 
made  up. 

Appeal*  how         LXVII.  A  N  D  for  granting  of  Appeals  from  the  County  Courts,  to  the  Gc- 
granted.  ncral  Court,  and  obtaining  Writs  of  Error  to  the  County  Court ;  Be  it  EnaEled, 

by  the  Authority  aforefaid.  That  when  any  Perfon  or  Perfons,  cither  Plaintiff  or 
Defendant,  fhall  be  diffatisfied  with  the  Judgment  of  the  County  Court,  and 
pray  an  Appeal  to  the  General  Court,  fuch  Perfon  or  Perfons,  before  fuch  Ap- 
peal fhall  be  granted,  fhall  enter  into  a  Recognizance,  with  Two  fufficient  Sure- 
ties, for  profecuting  the  fame,  and  to  perform  the  Judgment  of  the  General 
Court,  and  pay  the  Condemnation  Money,  in  Cafe  the  Appellant  fhall  be  cafl  in 
the  faid  Suit. 

Writs  of  Error  LXVIII.  AND  becaufc  it  often  happens,  that  in  iflliing  of  Procefs,  carrying 
how  obtained.  ^^  ^j^g  Proceedings,  and  in  rendering  Judgment  in  the  faid  County  Court,  there 
is  Error,  to  reverfe  Judgment  •,  Be  it  Ena£ledy  That  when  any  Defendant  is  de- 
firous  to  profecute  a  Writ  of  Error,  he  fhall  move  the  County  Court  where  fuch 
Suit  is  depending,  to  allow  a  Writ  of  Error,  he  firft  entering  into  a  Recog- 
nizance as  above  mentioned  ;  and  the  faid  County  Court  is  hereby  to  allow  there- 
of, as  if  fuch  Writ  of  Error  was  then  and  there  produced. 

Rui«  of  Court      LXIX.  AND  for  carrying  on,  and  profecuting  fuch  Appeals  and  Writs  of 
in  App:;ai5  and  Error,  to  and  from  the  General  Court  -,  Be  it  Enaffed^  by  the  Authority  afore- 

faidy  That  the  following  Rules  and  Methods  of  Praftice  fliall  and  may  be  ob- 

ferved ;  to  w//, 

THAT  when  any  Perfon,  either  Defendant  or  Plaintiff,  conceives  he  Is  in- 
jured by  any  Judgment  given  in  the  County  Court,  he  may  appeal  to  the  Ge- 
neral Court,  in  Manner  and  Form  as  above  diredied  ;  and  a  1  ranfcript  of  the 
Proceedings  of  the  County  Court,  fliall  be  filed  with  the  Clerk  of  the  General 
Court,  Fifteen  Days  before  the  Sitting  of  the  Court,  and  a  Tryal  de  Novo  thereon 
fhall  be  had  at  the  faid  General  Court,  or  Court  of  Aflize,  where  the  Vifne  is  laid  in 
any  County  where  the  Aflize  is  held,  and  a  Tranfcript  of  the  Proceedings  of  fuch 
County  Court  fliall  be  fent  down  from  the  General  Court  to  the  Aflize,  in  Order 
for  fuch  Tryal,  without  further  Notice  given  by  either  Party  ;  and  if  fuch  Tran- 
fcript of  the  Proceedings  is  not  filed  within  the  Time  aforefaid,  with  the  Clerk 
of  the  General  Court,  or  if  the  Appellant  fhall  fail  to  appear  at  the  General 
Court,  to  profecute  his  Appeal,  then  the  Judgment  of  the  County  Court  fhall 
be  affirmed  ;  provided,  that  there  fliall  be  Thirty  Days  between  the  Day  of  Tryal 

in 


Writs  of  Error, 


LAWS      of     NoRT  H-G  A  RO  L  I  N  A. 


-39 


-V"- 


in  the  County  Court,  and  the  next  fucceeding  General  Court :  But  when  it  io    ^- i^-  1746- 
happens,  that  there  are  not  Thirty  Days  betweerj  fuch  Tryal  and^  t^e  General '^ 
Court,  fuch  Appeal   fhall  be  continued,  and  a  Tranlcript  of  tlie'  Proceedings 
tranfmitted   to  the  General  Court  then   next  following :  And  where  any  Dtfcn- 


upon  a  Iranicript  or  tiie  Proceedings  fhall  be  hied  with  the  Clerk  of  the  Gener^ 
Court,  Fifteen  Days  before  the  Court;  and  the  Defendant  profecutihg  fuch  Vvrit 
of  Error,  fhall  afiign  and  file  Errors  Fifteen  Days  before  the  Court  •,.  arid  in,Ca,i[e 
fuch  Defendant  fliail  negted  to  file  fuch  Writ,  and  affign  Error,  as  abovefaid, 
or  fhall  fail  to  appear  and  argue  fuch,  then  the  Judgment;  of  rh^  County  Coiirt 
fhall  be  a!3rnied  :  Provided,  that  there  fhall  be  Thirty  Days  between  fuch  Mo- 
tion for  obtaining  a  Writ  of  Error,  and  the  Time  of  holding  the  General  Court. 

LXX.  A  N  D  in  Order  to  oblige  the  Clerks  of  the  County  Courts  to  draw  cierk  to  draw  a 
Tranfcripts  in  fuch  Caufes  where  an  Appeal  is  granted,  or  Writ  of  Error  allow-  Tranfcipt  oitiie 
ed  ;  Be  it  Enattai,  That  in  every  County  Court  within  this  Government,  when  J^iwef  i^te  the 
an  Appeal  fhall  be  granted,  or  Writ  of  Error  allowed,  the  Clerk  of  fuch  Court  ^'"^y  within  n 
fhall  immediately   make  up  a  full  and  perfcd:  Record  of  all  the  Proceedings  in  naUy' of^j  1.  "^ 
fuch  Caufes,  and   fhall,  within  Twelve  Days  after  the  Adjournment  of  the  faid 
Court,  give  an  attcfled  Tranfcript  of  fuch  Record  to  the  Perfon  appealing,  or  to 
whom  the  Writ  of  Error  is  allowed  -,  and  every  Clerk  negleding  to  do  the  fame, 
fliall  forfeit  and  pay,  to  the  Appellant,  or  Defendant,  the  Sum  of  Five  Pounds, 
Proclamation  Money,    to  be  recovered,  by   fuch  Appellant  or  fJefendant,  by 
A6tion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  County  or  General  Court ; 
wherein  no  EfToign,  Injundion,  or  Wager  of  Law,  fliall  be  allowed  of:  And 
the  faid  Clerk  Ih.di  alfo  be  liable  to  an  Aftion  on  the  Cafe  for  Damages,  to  be 
recovered  by  the  Perfon  who  is  hereby  intituled  to  an  attefted  Tranfcript. 

LXXI.  AND  be  it  further  EnaSfed,  by  the  Authorty  aforefaidy  That  all  and  cierks  to  attend 
every  Clerk  and  Clerks,  of  the  fcvejral  County  Courts  within  this  Province,  fhall  '  ^'y  '"  ^^"x 
be  obliged  to  attend.  One  Day  in  every  Week,  either  at  his  Place  of  Abode  in  officJs/on'pe-^ 
the  faid  County,  or  at  the  Clerk's  Office,  to  wit^  every  Monday^  from  Nine  of  "^ity«f  s'- 
the  Clock  in  the  Morning,  'til  One^  and  from  Two,  'til  Five,  in  the  After- 
noon ;  and  every  Clerk,  on  Failure  thereof,  and  negleding  the  Bufinefs  of  the 
County,  for  his  Non-attendance,  fhall  forfeit  and  pay,  to  any  Perfon  who  hath 
Bufinefs  with  the  faid  Clerk,  and  wants  any  Thing  from  his  Office,  who  will  fue 
for  the  fame.  Five  Pounds,  Proclamation  Money  •,  to  be  recovered  by  Adion  of 
Debt,  Bill,  Plaint,  or  Information  ;  wherein  no  EfToign,  Injundion,  or  Wager 
of  Law,  fhall  be  allowed  of. 

LXXII.  AND  he  it  further  Enacted^  hy  the  Authority  nforefaid^  That  no 
Writ,  Procefs,  Action,  Suit,  Complaint,  or  Profecution,  depending  in  the  Ge-  diLnSued   by 
neral  or  Coynty  Courts  within  this  Province,  fliall  be  dilcontinued  by  Reafon  or  ^-  J"'^'"'«  ^ot 
Caufe  of  Sicknefs  happening  to  the  Chief  Juflice,  or  any  of  the  Juflices  of  the  "''"'"^" 
County  Courts,  or  on  his  or  their  failing  to  meet  on  the  D^,  and  at  the  Time 
appointed,  to  hold  fuch  Court  and  Courts  -,  but  that  all  Writs,  Procefs,  Adions, 
Suits,  Complaints,  Profecutions,  and  all   Matters  and  Things  incident  thereto, 
fhall  be  continued,  and  be  in  Force  and  Virtue,  as  if  fuch  General  and  County 
Courts  had  been  regularly  holden  -,  and   that  it  fliall  and  may  be  lawful  for  any 
Afl'ociate  Jufbicc,  in  the  General  Court,  or  any  one  Jufl:ice  of  the  County  Court, 
to  adjourn  the  faid  Court,  de  Die  in  Diem  ;  any  Law,  Cufl:om,  or  Ufage,  to 
the  contrary,  notwithftanding. 

LXXIII.  A  N  Dbe  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  aa,  repealed. 
Ad,  intituled,  An  //^,  for  afcertaining  the  Time  and  Method  for  executing  and 

Return 


^40  LAWS    ^North-Carolina. 

A.  D.  1746.  Return  of  original  JVrits^  and  for  the  better  regulating  divers  Proceedings  in  the 
-  "^^'"  Court  of  Pleas  ;  the  Aft,  intituled,  An  yl£l,  concerning  Evidences  ;  the  A6t,  inti- 
tuled. An  A^,  for  the  Relief  of  fuch  Creditors  tvhofe  Debtors,  having  Lands  in 
this  Government^  depart  without  leaving  pcrfonal  Efiate  fujfcient  to  -pay  their 
Debts  \  and  fo  much  of  the  Ad:,  intituled.  An  A£l,  concerning  Appeals  and  Writs 
of  Error,  as  any  Way  relates  to  Appeals  and  Writs  of  Error ;  the  Ad:,  intitu- 
led. An  A£f,  for  Regulating  Proceedings  on  original  Attachments ;  and  the  Ad, 
intituled,  An  A5f,  for  appointing  Circuit  Courts,  and  for  Enlarging  the  Power  of 
the  County  Courts  ;  and  every  Claufe  and  Claufcs,  Article  and  Articles  of  them, 
and  of  every  of  them,  as  are  within  the  Purview  of  this  Ad,  is  and  are  hereby 
Repealed,  to  all  Intents  and  Purpofes  whatfoever.  ^ 

SIGNED  by 

Gabriel  Johnston,  Efqj  Governor. 

Ekazer  Allen,  Prefident. 

Samuel  Swann,  Speaker, 


^<^' 


Anno 


LA   W  S    of    North-Carolina. 


241^ 


ir<  w,  -xu  v^  •<  -i  -t^  'i^  .'i<^  ,"'■■"  .-*^'  ."><>"  -*'-  "<i^  -*"  '^  ."i^  .-^v-  -Or^  -<u  -vv,  -Jt,  -»v,  -ju  -yu  -yu  -y  -yt. 

P^'^'^^g  ^Y^J^  W  ^^  ^^^  W  ^^ 

&t=a„  _fe=:i^=i,  «fe=^V=^  flfe==^'«*:^  «J^^^  nfe=^    "^ 


ji.  D.    1746. 


^-  -ij^  -iV  -AN  ^f"  ^r-  '^^  -i^  "-.(^  '^h'  ^f'  "1^-  ".r-  'i?-  "9-  ^f-  "in  --in  'if-  ^h  -iK  -»K-  -.h-  -i!>-  ^S>.  H 


Anno  Regni 


G  E 


II   II 


Regis,  Magn£   Brhannice,  Franct£,  & 
Hihernice,  VicefTimo. 


At    a  General    ASSEMBLY,    held     at  Nt^hcrn,     the  g.bhiz. 
Seventh  Dny   of  March,  in   the  Year  of  our  Lord  One  I^G-rno;. 
Thoufand    Seven  Hundred   and  Forty  Six. 


C  H  A  P.     I. 

An  A5i^  for  appet?iting  Com?niJJio?iers  to  Revife  and  Print  the  Laws  of  this 
Province,  arid  for  granti?2g  to  his  Majejiy,  for  defraying  the  Charge 
thereof  a  Duty  on  Wine,  Rum,  atid  dijiilled  Liquors,  and  Rice,  im- 
ported into  this  Province. 


WJ  H  E  R  E  A  S  for  Want  of  the  Laws  of  this  Province  being  Revifed  preamWt, 


and  Printed,  the  Magiftrates  are  often  at  a  Lofs  how  to  difcharge  their 
Duty,  and  the  People  tranfgrefs  many  of  them  through  Want  of  knowing  the 
fame :  Wherefore, 

:     II.  W  E  pray  that  it  may  be  Enadled,  And  be  it  Ena^led^  by  his  Excellency  Commi/Honef. 
iGabriel^  Johnfton,  Efq;  Governor,    by  and  with  the  Advice  and  Confent  of  his  tfSprint  the 
Majejty^s  Council,  and  Geiieral  Affembly  of  this  Province,  and  by  the  Authority  of  Laws? 
the  fame.  That  the  Honourable  Edward  Mofeley,  Efq-,  Samuel  Swann,  Efq;  the 
Honourable  Enoch  Hall,   Efq;    and  Mr.    Thomas  Barker,  or  the  Majority  of 
them,  be,  and  they  are  hereby  nominated  and  appointed  Commiflioners,  to  Re- 
vile and  Print  the  feveral  Ads  of  AlTembly  in  Force  in  this  Province. 

III.  AND  be  it  further  Enacted,  That  the  faid  Commiffioners  fliall  revife  the  To  mnJce.n  in- 
faid  Afts  of  Aflembly,  and  compile  them  in  one  Body,  and  make  an  Index,  Not'es^alfd^Kt- 
Marginal  Notes,  and  Refcrrences  thereto,  and  Ihall  lay  the  fame  before  the  next  ferrcnces"3ndto 
fucceeding  General  AfTcmbly  after  they  Ihall  have  fo  revifed  and  compiled  them,  ?heir  x/oubk.^" 
to  be  ratified  and  confirmed  ;  and  fuch  only  of  the  faid  Commiflioners  as  Ihall 

P  P  p  '  revife 


242  L   A    iv  S    of    North-Carolina. 

A.  D.   1.746.    revife  the  Laws,  Ihall  have  and  receive,  for  their  Trouble  in  reviling  and  com- 

*^.— V- '  piling  the  faid  Ads,  the  Sum  of  Sixty  Pounds,  Proclamation  Money  •,  to  be  paid 

by  the  General  Afiembly,  out  of  the  Duty  on  Wine,  Rum,  and  diftilled  Li- 
quors, and  Rice,  arifing  and  made  payable  by  Virtue  ot  this  A<5t. 

Laws  to  be  print-  jv.  A  N  D  be  it  further  EnaEfed^  That  after  the  faid  Ads  fliali  be  revifed  and 
to\vhom^io'"b"  compiled  by  the  faid  Commiffioncrs,  or  the  Majority  of  them,  as  aforefaid,  anql 
given  to.  ratified  and  confirmed  by  the  General  Alfembly,  the  fame  fhall,  with  all  con- 

venient Speed,  be  printed,  by  the  f  lid  Commillioncrs,  or  the  Majority  of  them, 
■  who  fliall  furnifli  and  deliver  feveral  Books  of  the  faid  Laws,  well  bound,  and 
Lettered  on  the  Back,  to  the  feveral  Officers,  Offices,  and  Courts,  herein  after 
mentioned  ;  that  is  to  fay.  One  to  his  Excellency  the  Governor,  One  for  the  Ufe 
of  his  Majefly's  Council,  One  for  the  Ufe  of  the  General  Aflembly,  One  for  the 
Ufe  of  the  Secretary's  Office,  One  for  the  Ufe  of  the  General  Court,  and  One  tp 
each  and  every  County  Court  relpcdivcly  in  this  Province :  And  fuch  only  of  the 
^°m!l!ier!'u)  "be  f^id  Commillioncrs  v/iio  ihall  revile  the  Lav/s  as  aforefaid,  fhall  have  and  receive, 
pai.i  100!.   =n.'  fQi-  printing  the  faid  Ads,  and  turnilhing  and  delivering  the  feveral  Book.s  afore- 
VeSnVforfive  faid,  the  Sum  of  One  Hundred  Pounds,  i^roclamation  Money  ;  to  be  paid  by  the 
Years.  General  Affembly,  out  of  the  Money  arifing  by  the  Duty  before  mentioned  -,  and 

alfo,  the  Benefit  and  Advantage  of  the  fole  Printing  and  Vending  the  Books  of 
the  faid  Laws,  for  and  during  the  Space  or  Term  of  Five  Years  -,  and  Ihall  not 
take  or  receive  above  the  Sum  of  Ir  ifteen  Shillings,  Proclamation  Money,  for 
each  Book  by  them  fo  printed. 

petfoni  offering       ~V.  4ND  be  it  further  EyiaSted^  by  the  Authority  aforefaid^  That  if  any  Per- 

cnnwr°''Vo'fh'^  fon  or  Perfons  fliall  import  into  this  Province,  any  printed  Book  or  Books,  or 

A'ir'ts  ^rfei't  fhall  fell,  or  offer  to  Sale,  any  printed  Book  or  Books  of  the  faid  Lav/s,  within 

B<!ok^"'  "'''      the  Term  of  Five  Years,  without  the  Licence  of  the  faid  Commiffioners,  their 

Heirs  or  Affigns,  other  than  fuch  as  fliall  be  printed  by  the  Order  and  Appro- 

*  bation  of  the  faid  Commiflioners,  their  Heirs  or  Affigns,  fuch  Perfon  or  Perfons 

fliall  forfeit  and  pay,  to  the  faid  Commiffioners,  their  Heirs  or  Affigns,  the  Sum 

of  Five  Pounds,  Proclamation  Money,  for  each  and  every  Book  fo  imported, 

fold,  or  offered  to  fale^  contrary  to  the  true  Intent  and  Meaning  of  this  Ad  •,  to 

be  recovered  in  the  fame  Manner  as  other  Forfeitures  in  this  Ad. 

Surplus    Money       yj^  ^  N  B  be  it  fuTthcr  Ettacted,  by  the  Authority  aforefaid.  That  if  any  Sur- 
applied.  ^j^^^  ^^  ^^^  Money  arifing  by  Virtue  of  this  Ad,  .fliall  remain,  after  Payment  of 

the  faid  feveral  Sums  to  the  Commiffioners  aforefaid,  for  revifing  and  compiling, 
(printing,  furniffiing,  and  delivering  the  faid  feveral  Books  aforefaid,  the  fame 
iliiill  be  applied,  by  the  General  AffumbJy,  for  and  towards  difcharging  the  Pub- 
lic Debts  of  this  Province.      , 

Printed  Laws  to       VII.  A  N  D  be  it  further  Ena£fed,    by  the  Authority  aforefaid.  That  the  fe- 

be  givea  in  Evi-  ygj-^i  Rooks  of  thc  Laws,  revifed  and  printed  by  the  faid  Commiffioners,  or  the 

'''^"-'  Majority  of  them,  as  aforefaid,  ffiall  be  allowed  to  be  given  in  Evidence  in  all 

and  every  of  the  Courts  of  Judicature  in  this^  Province,  and  before  any  Magifl:rate 

or  Magiftrates,  in  any  Matter  or  Controverfy  depending  before  them. 

seeretary  tc  give  VIII.  A  N  D  for  furnifhing  the  Commiffioners  aforefaid  with  a  true  and  pef> 
a  Copy  of  the  fe(f|.  Copy  of  the  faid  Laws,  Be  it  Em^.ed,  That  the  Secretary  ot  this  Provmcfe 
eommLail  fliall  make  out  and  deliver,  to  thc  laid  Commiffioners,  or  the  Majority  of  them, 
a  true  and  parfed  Copy^of  the  faid  Laws  now  in  Force,  and  the  Titles  ot  fuch  as 
have  been  repealed  or  become  obfolete,  which  fliall  be  by  the  faid  Commiffioners, 
or  the  Miyontv  of  them,  examined  with  the  Original;  for  which  Copy,  and  for 
mnknWm^  and  fending  Copies  of  this  Ad  to  the  feveral  Receivers  of  the  Duties 
hui'm  thi^.  Ad,  {wWh  .he..i&  hereby  required  imiDcdiately  to  do,)  he  fliall  have 

and 


L  A  JV  S    of    North-Caroljna.  243 

aad  receive  the  Sum  of  Twenty  Pounds,  PrQclamation  Money,  to  bfi  paki  -by    "*■  :^-  '746. 
thevGoaoral  AtieuibJ-y,  out  ot  .che  Money  ariiing  by  Virtue  at  this  Aft.  ^     ~^    "^ 

IX.  AND  for  raifing  the  fuel  feyeral  Sums  of  Money,  herein  before  mertti-  D>,ty  on  Liquors 
oned  to  be  paid  to  the  faid  Com/iiifiloners,  for  revifing  the  faid  Afts,  and  print-  Sljcwge.*" 
i^ng  and  ddivering  the  feveral  Books  aforcfaid  j  Be  it  Enacted^  by  the  Authority 
eforefaidy  That  for  every  GaUon  of  Wine,  Rum,  and  other  diftiiJud  Liquors, 
which,  from  and  after  the  ftrft  Day  of  May,^  next  atter  the  Ratification  of  this 
Atfb,  ihall  be  imported  or  brought  into  this  Government,  from  any  Port  or 
Piace,  {Grtai-Britam  excepted.,)  eitheir  by  Land  or  Water,  the  Duty  of  TJiree 
Peuice,  Proclamation  Money,  or  Bills  equivalent,  or  the  Value  thereof  in  the  fame 
Liquor  for  which  the  Duty  is  payable.,  at  the  Rate  of  Two  Shillings  and  Eight 
Pence,  Proclamation  Money,  per  Gallon,  provided  the  Sum  payable  amounts, 
in  liie  Whole,  to,  and  is  paid  in,  a  full  Cafk  of  the  faid  Liquors,  containing 
Fifteen  Gallons,  which  lliall  be  fold  at  Public  Vendue,  to  the  higheJft  fiidder,  for 
ready  Money,  liril  giving  Ten  Days  Notice  of  fuch  Sale ;  and  alfo,  the  Duty  of 
Three  Shillings  and  Four  Pence,  Proclamation  Money,  for  every  Hundred 
Pounds  of  Rice,  that  Ihall  be  jnjported  as  aforefaid,  Ihall  be  paid  by  the  Impor- 
ter or  Owner  of  the  fame,  until  the  firft  Day  of  May^  which  fhall  be  in  the  Year 
©four  Loi'd  One  Thoufand  Seven  Hundred  and  Forty  Nine,  and  no  longer. 

3C  JNDbeit  further  Enacted^  That  no  Wine,  Rum,  or  other  diflilled  Li-  Liquois  anaRke 
quor.s,  QX  Rice,  (hall  be  landed,  put  on  Shore,  or  any  other  Way  delivered,  out  "j[n°''^  ^^"i'^ 
of  the  VejSH  importing  the  fame,  before  due  Entry,  on  Oath,  made  thereof, 
with  tile  Officer  or  OfBcers  in  this  Adl  hereafter  appointed,  for  receiving  of  the 
Duties  ifl  the  Port  or  Place  where  the  fame  Ihall  be  imported,  or  before  the  faid 
Duty  Ihall  be  fully  fatisfied  and  paid,  or  fecured  to  be  paid,  and  a  Permit  had, 
under  die  ITand  of  the  Officer  or  Officers,  for  landing  of  Delivery  thereof ;  and 
chat  all  Liquors  or  Rice  landed  or  put  on  Shore  contrary  to  the  Diredlions,  and 
true  Intent  and  Meaning  of  this  Act,  or  the  Value  thereof,  lliaJl  be  forfeited  j 
One  Half  to  his  Majefty,  for  the  Ufe  of  the  PuhHc,  and  the  other  Half  to  him 
or  them  who  will  inform  or  fue  for  the  fame  •,  to  be  recovered  as  in  this  A<5t  here- 
after is  direded. 


XJ.  JND  h  it  further  Emcted^  That  any  Perfon  or  Perfons,  bringing  any  if  hroughtinby 
Wine,  Rum,  or  any  diftilled  Liquors,  exceeding  one  Gallon  of  Wine,  Rum,  ^  "'*'  *^'^p<'"  »° 
or  any  diftilled  Liquors,  or  above  One  Hundred  Weight  of  Rice,    from  any  o^y™^  on'"i4n" 
Other  Colony,  into  this  Province,  by  Land,  Ihall,  in  Ten  Days  after  he  or  they  "^  3  '■ 
have  or  hath  lodged  or  houfed  the  fame,  make  a  due  Report,  on  Oath,  of  the 
Quantity  of  fuch  Wine,  Rum,  or  any  diftilled  Liquors,    or  Rice,  by  him  or 
them  brought  in,  to  the  Officer  or  Officers  of  the  refpeftive  Ports  appointed  by 
this  Ad  to  receive  the  Duty  ;  and  on  Default  thereof,  (hall  forfeit  Three  Pounds, 
Froclamation  Money  •,  to  be  applied  and  recovered  as  aforefaid. 

XII.  AND  be  it  further  Ena^ed^  That  if  any  Perfon  or  Perfons  (hall  pay  "^^^{["^ 2'""' 
any  of  the  Duty  or  Cuftom  aforefaid  in  Silver  or  Gold  Coin,  of  his  or  their  Im-  ^f'anf.  allowed! 
pprtation  into  this  Government,  to  be  proved  by  the  Oath  of  the  Party  or  Parties 

paying  the  hrr\^,  fuch  Perfon  or  Perfons  fhall  have  an  Abatement  or  Allowance 
on  the  D\ny  aforefaid  fo  paid  and  fatisfied,  of  Fifteen  per  Cent,  and  every  Officer 
eppointed  in  Virtue  of  this  Ad  to  colled  the  faid  Duty,  arc  hereby  authorized 
©nd  required  to  make  the  fame  Allowance  or  Abatement  accordingly. 

XIII.  AI<i  D  .be  it  further  Enacted.,  hy  the  Authority  aforefaid^  That  no  Col-  c^''^^"'  "■''  ♦» 
Jf;€tor  of  any  of  the  aforefiid  Ports,  (hall  clear  any  Ship,  VelTel,  or  Boat,  before  tlrVJlJ  pSJ 
ehe  Mafter  ftiAlJ  produce  a  Certificate,  figncd  by  fome  one  of  the  Receivers  ap- 
pointed w  Vifti^c  of  this  Ad,  that  hs.  hath  paid  the  Duties  aforefaid  of  tlie  Wincj 

Rumj 


244  LA   IV  S     of    North-Carolina. 


ji.  D.  1746.  ^  Rum,  and  other  diililled  Liquors,  or  Rice,  imported  by  him  into  this  Province, 
under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  ;  to  be  recovered 
and  applied  as  other  Forteitures  in  this  A6t,  relating  to  the  coUefting  and  paying 
the  faid  Duties,'  are  to  be  recovered  and  applied. 


> ^ 

en  Pen.  of  sol. 


Officers  allowed       XIV.  A  N  D  be  it  further  Enacted,  That  the  Officers  appointed  for  collefting 
6  per  Cert.        and  receiving  the  faid  Duties,  fliall  be  allowed  Six  per  Cent,  for  all  fuch  Sums 
they  fliall  receive  in  Virtue  of  this  A<5t. 


Officers 


XV.  AN  D  be  it  further  Enacted,  That-Mr.  William  Rofs,  be,  and  is  hereby 
>pp™nt-  nominated  and  appointed  Receiver  of  the  faid  Duty  in  the  Port  of  Brunfwicky 
and  fliall  refide  at  Brunfivick,  to  receive  the  faid  Duty  on  the  faid  Liquors  or 
Rice  imported  in  fuch  Veflel  or  VelTels  which  fliall  enter  in  the  Port  of  Briin- 
fwick :  And  that  Mr.  Thomas  Lovick,  and  Mr.  James  Macklezvean,  be,  and.  are 
hereby  nominated  and  appointed  Receivers  of  the  faid  Duty  in  the  Port  of  Beau- 
fort •,  to  wit.  The  faid  Thomas  Lovick  to  refidc  at  Core-Sound^  to  receive  the  faid 
Duty  on  the  faid  Liquors,  and  Rice,  imported  in  fuch  VeflTel  or  Vellels  which 
fiiall  lade  or  unlade  in  Core-Sound,  or  Bear  Inlet  -,  and  the  faid  James  Macklewean 
fhall  refide  at  Newbern,  and  fliall  receive  the  Duty  aforefaid  on  the  faid  Liquors, 
and  Rice,  imported  in  fuch  Veflel  or  VeflTcls  which  fliall  lade  or  unlade  in  Neus 
River :  And  that  Mr.  Andrew  Conner,  be,  and  is  hereby  nominated  and  ap- 
pointed Receiver  of  the  faid  Duty  in  the  Port  of  Bath  .•  And  that  Mr.  John  Lo- 
vick, Mr.  William  Perfons,  Mr.  James  V/ilfon,  and  Mr.  John  Edwards,  be, 
and  are  hereby  nominated  andi  appointed  Receivers  of  the  faid  Duty  in  the  Port 
of  Roanoak  -,  who  fliall  reflde  and  keep  their  Offices  at  the  feveral  Places  here- 
after mentioned ;  to  wit, ,  The  faid  Mr.  John  Lovick,  at  or  near  Eden  Houfe,  or 
Edcnton ;  Mr.  John  Edwards,  in  Northampton  County ;  Mr.  William  Perfons, 
in  Granville  County  -,  Mr.  James  Wilfon,  at  Bennett-Creek  Bridge,  in  Chowan 
County  :  And  Mr.  Andrew  Duke,  is  hereby  nominated  and  appointed  Receiver 
of  the  faid  Duty  in  the  Port  of  Currituck :  Which  faid  Receivers,  refpedlively, 
fhall  give  fufficient  Security,  payable  to  his  Majefty,  in  the  Sum  of  Two  Hun- 
dred Pounds,  Proclamation  Money,  for  the  Ufe  of  the  Public,  for  his  faithful 
Difcharge  of  his  Duty  by  this  Ad:  dire6ted  :  And  in  Cafe  of  the  Death,  or  Re- 
moval out  of  this  Province,  or  Rtfufal  to  aft,  of  all  or  any  of  the  Receivers,  it 
fhall  and  may  be  lawful  foe  the  Governor  or  Commander  in  Chief,  for  the  Time 
being,  to  nominate  and  appoint  a  Receiver  or  Receivers  in  the  Stead  of  fuch  Re- 
ceiver or  Receivers  fo  dying,  removing,  or  refufing  to  aft  •,  who  fhall  give  Se- 
curity, in  the  Hke  Sum,  and  in  the  fame  Manner,  for  the  faithful  Difcharge  of 
his  or  their  Office,  as  the  Receivers  in  this  Aft  nominated  and  appointed,  are 
before  required  to  give. 

Receivers  to  ac-       XVI.  AND  be  it  further  EnaEled,  That  the  faid  Receivers  of  the  Duty  afore-' 

count  with  the  f^itl^  (i^all  account,  on  Oath,  with  the  General  AfTembly,  at  each  SelTion,  and 

Affembiy.  ^^^  .^^^^  ^,^^  ^^^^  Affembly,  all  fuch  Money  as  fliall  or  may  be  by  them,  or  any 

of  them,  received,  after  dedufting  their  CommifTions  for  receiving  the  fame. 

Receiver,  Power  XVII.  AND  be  it  further  Ena^led.^  That  the  Receiver  and  Receivers  ap- 
to  enter  &feaich  pointed,  or  that  fhall  be  appointed,  in  Virtue  of  this  Aft,  to  receive  the  faid 
vefl-ds.  Y)ux.y  in  this  Aft  mentioned,  is  and  are  hereby  authorized  and  impowered,  to 

enter  on  Board  any  Ship,  VefTel,  or  Boat,  and  fearch  the  fame,  and  from  thence 
to  take  away  any  Wine,  Rum,  or  any  difl:illed  Liquors,  or  Rice,  for  which  the 
Duty  aforefaid  is  not  paid,  or  lecured  to  be  paid,  within  Ten  Days  after  the  En- 
try of  fuch  Ship  or  Veffel,  and  to  detain  the  laid  Wine,  Rum,  and  difl:illed  Li- 
quors, and  Rice,  'til  the  laid  Duty  fhall  be  paid,  or  fecured  to  be  paid  ;  and 
alfo,  at  all  Times,  to  go  on  Board  any  Ship,  Vellel,  or  Boat,  on  Informationi 
rnade^  or  if  fufpeftcd,  and  fearch  the. lame i  and  if  any  Wine,  Rum,  or  any 
,     ^  diftilled 


LAWS     of    North-Carolina.  245 

diftilled  Liquors,  or  Rice,  fhall,  after  the  Entry  of  fuch  Ship  or  VefTeJ,  be  found  ^'  ^-   174-5. 
on  Board,  which  hath  not  been  duly  entered,  as  in  this  Ad:  is  before  direfted,  it  **■*■     "^ 
fliall  and  may  be  lawful  for  the  faid  Receiver  to  feize  all  fuch  Wine,  Rum,  oi 
any  diftilled  Liquors,  or  Rice,  and  bring  the  fame  on  Shore,  and  fliall  p-ofecute 
the  faid  Seizure  or  Seizures  as  in  this  Act  direfted. 

XVIII.  AND  be  it  further  Enacted,  That  if  any  Receiver,  appointed  by  Vir-  Pen^Uy  m  Ke,. 
tu(f  of  this  A6t  to  receive  the  Duty  aforelaid,  or  any  other  Perfon  or  Perfons  for  Pe,7JnJ^ofcine'- 
him,  fhali  take  or  receive,  direftly  or  indiredlly,  any  Bribe,  Recompence,  or  Bribery. 
Reward  whatfoevcr,  or  (hall  connive  at  a  falfc  Entry  of  any  Wine^  Rum,  or  any 

diftilled  Liquors,  or  Rice,  that  fhall  be  imported  into  this  Province,  either  by- 
Land  or  Water,  whereby  the  Public  may  be  defrauded,  fuch  Receiver  fo  offend- 
ing, ftiall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  •,  to  be 
recovered  and  applied  as  other  Forfeitures  in  this  Aft,  and  Ihall  be  lor  ever  after 
difabled  ot  holding  any  Office  or  Employment  relating  to  the  Cuftorn  of  this 
Province  ;  and  the  i'erlon  or  Perfons  giving  or  paying  any  fuch  Bribe,  Recom- 
pence, or  Reward,  fliall  forfeit  and  pay  the  Sum  ot  Fifty  Pounds,  Proclamation 
iVIoney  ;  to  be  recovered  and  applied  in  the  fame  Manner  as  other  Forfeitures  in 
this  Ad. 

XIX.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  z\\  Fines  fines  howreca. 
and  Forfeitures  in  this  Aft  mentioned,  fhall  and  may  be  fued  for,  and  recovered,  ^^'^''^* 

by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this 
Government  -,  wherein  no  Elloign,  Proteftion,  Injunftion,  or  Wager  of  Law, 
fhall  be  allowed  or  admitted. 


CHAP.    n. 

An  A^i  to  repeal  a  Claiife  m  an  AB^  intituled^  Ah  AdV,  for  efedting  the 
upper  Part  of  Crave?:  County  into  a  County  and  Parifh,  and  for  ap- 
pointing a  Place  for  building  a  Court-houfe,  Prifon,  and  Stocks,  in 
the  faid  County  ;  and  the  Claufe  in  an  AB,  intituled.  An  Ad:,  for 
dividing  Edgcomb  County  and  Parifh,  and  for  erefting  the  upper  Part 
thereof  into  a  County  and  Parifli,  by  the  Name  of  Granville  County, 
and  St.  Joh7i's  Parifh,  and  for  appointing  Veflrymen  of  the  fatd  Pa- 
rifh -y  lihich  dire 51,  That  all  Public,  County,  and  Parip  Levies,  due 
from  any  of  the  Inhabitants  of  the  faid  County  of  Granville,  fiall  be 
colleSled  by  the  Sheriff  of  Edgcomb  County  ;  and  that  all  Public,  County^ 
and  PariJJj  Levies,  due  from  any  of  the  Inhabitants  of  Johnflon,  fhall 
be  colle5ied  by  the  Sheriff  of  Craven  County,  fo  far  as  may  relate  to  the 
Taxes  or  Levies  laid  and  made  payable  for  the  Tear  One  Thoufand  Seven 
Hundred  and  Forty  Six.     O  B  S. 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


Q^q  q  Anno 


L  ji   W  S     o/'    North-Carolina. 


247 


W,  v>  i/w  v^  -J  -y  'JTfc^  <^  'i^  -^  ~»\^  '''i'  "If-^  -^w-  -1^  -^  .-^  .-^y  -Ay  -^  -yw-  -^v.  ~{^.  -iv.  -yv,  -wv^  h  -vir. 


A.  D.    1748. 

k — ^ ' 


J 


Anno  Regni 


G  E  O  R  G  I  I   11 

Regis,  Magudc  Britannlije,  Fraticide,  &; 
Hibernia,  Viceffimo  Secundi. 


i 


At  £i  General  ASSEMBLY,  held  at  Kewherfj, 
Sixth  Day  of  ^pril,  in  the  Year  of  our  Lord 
Thoufjind    Seven  Hundred   and  Forty  Eight. 


the    GASaiEt 

Johnston, 

One  ^'^'^'  ^°*'''"*'^' 


CHAP.     I, 


An  A6t^  to  appoint  Public  Treafurers: 
M  E  R  E  A  S,  by  the  Laws  of  this  Province,  the  Shcrifs  and  other  «     ^, 


VV  Perfons  concerned  in  the  receiving  and  colledbing  of  the  Public  Mo 
ney,  are  difeded  arid  required  to  account  with  and  pay  the  fame  to  the  General 
Affembly  ;  and  whereas,  by  Reafon  of  the  Shortnefs  of  the  SelTions,  there  is 
not  always  Time  perftdly  to  examine  the  Accounts  of  thofe  who  appear,  or  to 
fend  tor  them  who  negled  to  appear,  and  account :  Wherefore, 

ir.  W  E  pray  that  it  may  be  Enaded,  Jnd  l>e  it  Enabled,  by  his  Excellency  PuWic  Tr«fa. 
Gabriel  Johnfton,  Efq-^  Governor^  by  and  with  the  Advice  and  Confent  of  his  Ma-  '*"  '??»'""=*• 
jejifs  Council,  and  General  Affemhly  of  this  Province,  and  by  the  Authority  of  the 
fame.  That  Mr.  Thotnas  Barker,  be,  and  is  hereby  appointed  Public  Trcafurer 
for  the  Counties  of  Currituck,  Pafquotank,  Pequimons,  Chowan,  Tyrell,  Bertie^ 
Edgcomb,  Ncrthamptcn,  and  Granville ;  And  that  Edward  Mofeley,  Efq;  be* 
and  is  hereby  appointed  Public  Treafurer  for  the  Counties  of  Craven,  Carteret, 
Onflow,  'New-Hanover,  Bladen,  Johnfton,  Beaufort,  and  Hyde :  Which  faid  Trea- 
furers  fliall,  before  they  enter  upon  their  faid  Offices,  refpedivcly,  give  Bond,  to 
our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  in  the  Sum  of  Two 
Thouland  Pounds,  Sterling  Money,  for  the  faithful  Difcharge  of  their  faid  Offices- 
n'hich  Bond  fhall  be  lodged  in  the  Secretary's  Office. 

III.  ANB 


24^ 


LA   W  S     of    North-Carolina. 


ji.  D.    1748- 

-•v— 


III.  JND  he  it  further  Ena£Ied^  by  the  Authority  aforefaid^  That  the  She- 

ti>rNora.'ern°^  Hfs,  and  all .  other  Perfons,  concerned  in  the  coUefting  or  receiving  any  Public 

Counties' to' ac-  Mottey,  within  the  rcfpeftive  Counties  ot"  Cwm/Mf-I-,  Pafquotank,  Pequimo?is,  Cho- 

T^afcer byS  wafj,  Tyreil,  Bertie,  Edgcomb,  Northampton,  and  GrnnvtUe,  Ihall,  on  or  before 

,ft\,f  Jan.   en  jj^g  |^fft  Day  of  Januar),  next  enfuing,  upon  Oath,  account  for,  and  pay  to  the 

Pen.  of  20 1.      ^_^.^  q^homas  Barker,  all  the  Money  fo  by  them  rcfpeitively  received,  or  which, 

bv  Law    they  ou^rht  to  have  received,  and  were  accountable  for,  before  the  firft 

Day  of  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 

Forty  Five,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  ;  and 

that  all  Perfons,  within  the  faid  refpedtive  Counties,  having  any  Public  Money 

in  their  Hands,  ihall,  upon  Oath,  account  for,  and  pay  the  fame,  to  the  faid 

'J'homas  Barker,  on  or  before  the  fakl  iirft  Day  of  January^  next  enfuing,  under 

the  like  Penalty  of  Twenty  Pounds,  Proclamation  Money. 

IV.  A  N  B  be  it  further  Enabled,  by  the  Atahorty  aforefaid.  That  the  Sherifs, 

wl[h  hm/brihe  and  all'  other  Perfons,  tdncerned  in  the  collefting  or  receiving  any  Public  Mo- 

tSike  Pcnait""  ney  within  the  faid  refpeftive  Counties,  Ihall,  on  or  before  the  Tenth  Day  of 

cna  ty.  _^  ^^^^  ^^^^  ^^  ^^^  ]^qxi\  One  Thoufand  Seven  Hundred  and  Forty  Nine, 

upon  Oath,  account  for^  and  pay  to  the  faid  Thomas  Barker,  all  the  Monies  fo 
by  them  received,  or  which,  by  Law,  they  ought  to  have  received,  and  are  ac- 
countable, fince  the  aforefaid  firlt  Day  of  September,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Forty  Five  •,  under  the  Penalty  of  Twenty 
Pounds  Proclamation  Money  :  And  the  faid  Thomas  Barker,  fhall  attend  at 
Treaf«rrr  where  Edetiton,  ta  fettle  the  feveral  Accounts,  and  receive  the  Ballances  thereon  due, 
to  attend.  Yovw  Days  after  the  feveral  Times  herein  appointed  for  the  Sherifs  and  other  Per- 

fons to  account  and  pay  the  feveral  Sums  due  to  the  Public,  and  by  them 
received. 

Sherifs    &c    of      V-  AND  be  it  Ena^ed,  by  the  Authority  aforefaid.  That  the  Sherifs,  and  all 
the" Southern '   other  Perfons  concerned,  or  who  have  been  concerned,  in  the  coUefting  or  re- 
£""£tVthJrr  ceivino-  any  Public  Monies  within  the  refpeftive  Counties  of  Craven,  Carteret, 
Treafurer,  by '    Qnflow,  NeW'Hanover,  Bladen,  Johnjlon,  Beaufort,  and  Hyde,  fhall,  on  or  be- 
Urioi  °"  ^'"'  fore  the  firit  Day  of  January  next,  upon  Oath,  account  for,  and  pay  to  the  faid 
Edward  Mofeley,  Efq;  all  the  Money  fo  by  them  refpedively  received,  or  which, 
by  Law,  they  ought  to  have  received,  and  were  accountable  for,  before  the  Iirft 
Day  of  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Five  •,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  :  And 
that  all  Perfons  within  the  faid  refpedtive  Counties,  having  any  Public  Money  in 
their  Hands,    and  by  them  received,  before  the  firft  Day  of  September,    One 
Thoufand  Seven  Hundred  and  Forty  Five,  Ihall,  upon  Oath,  account  for,  and 
pay  the  fame  to  the  faid  Edward  Mofeley,  on  or  before  the  faid  firit  Day  of  Janu- 
ary, next  enfuing  •,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money. 

^j        VI.  A  NT)  he  it  further  Enacted,  by  the  Authority  aforefaidi  That  the  Sherifs, 
Jf'j^f on'the  and  all  other  Perfons  within  the  fiid  refpective  Counties  laft  mentioned,  con- 
likc  Penalty.       cemcd,  or  who  have  been  concerned,  in  the  collecting  or  receiving  any  Public 
Money,  fhall,  on  or  befcTe  the  Tenth  Day  of  July,  One  Thoufand  Seven  Hun- 
dred and  Forty  Nine,  upon  Oath,  account  for,  and  pay  to  the  faid  Edward 
Mofeley,  Efq-,  all  the  Monies  fo  by  them  refpectively  received,  or  which,  by 
Law,  ^they  ought  to  have  received,  and  were  accoimtable,  fince  the  aforefaid  firft 
Day  of  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Flundred  and 
Forty  Five  -,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  :  And 
Trcnfurer  where  tlic  faid  Edward  Mofeky  fhall  attend  at  Ncwbern,  to  fettle  the  feveral  Accounts,. 
to  auend.  ^nd  receive  the  Balhnces  thereon  due.  Four  Days  after  the  feveral  Times  ap- 

pointed for  the  Sherifs  and  other  Perfons  to  account  and  pay  the  feveral  Sums\ 
due  to  the  Public  by  them  received,  ^^^'  ANUr 


LAWS     of    North-Carolina.  249 


A.  D.    1748. 

VII.  AND  bs  a  further  EnaEled,  by  the  Authority  aforefaid.  That  all  and  ' "^ ' 

every  the  Sherifs,  and  other  Pcrlbns,  that  iTiali  be  concerned  in  the  coIIec1:ing  f^^tihthe 
and  receiving  the  Pubhc  Monies  hereafter  to  be  colleded  and  received,  within  Treafurtr  in  2 
the  feveral  Counties  in  this  Province,  ihall,  within  Two  Months  after  the  Time  SfoVllla! 
appointed  by  Law  for  their  collecting  or  receiving  thereof,  upon  Oath,  account  '"°'  "^  ^'"'  "^ 
for,  and  pay  the  fame  to  the  Public  Treafurer  for  fuch  County  refpedively  5  un-  ''^'" 

der  the  Penalty  of  Twenty  Pounds,  Proclamation  Money. 

VIII.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Taid  Treafurers   in,- 
Public  Treafurers  refpedively,  are  hereby  authorifed,  impowered,  and  required,  p""'"'^''  to  pro- 
to  fue  and  profecute  all  fuch  Sherifs,  or  other  Perfons,  who  have  heretofore  been'  qC's.  ^'''"' 
or  fhall  hereafter  be,  concerned  in  the  colleding  or  receiving  the  Public  Money, 

or  who  have,  or  fhall  at  any  Time  hereafter,  have  any  of  the  laid  Money  in 
their  Hands,  within  the  faid  refpedive  Counties,  and  fhall  neglect  or  refufe  to 
account  for  and  pay  the  fame,  at  the  Times,  and  in  the  Manne?they  are  by  this 
A6t  required  and  directed,  ori  the  Penalty  in  this  Ad  mentioned  -,  and  alfo,  on 
the  feveral  Bonds  given  by  each  and  every  of  the  faid  Sherifs  or  other  Perfons. 
in  any  of  the  faid  refpeftive  Countiesj  for  the  due  and  faithful  Performance  of 
their  feveral  Offices  or  Duties ;  and  the  Clerks  of  the  feveral  County  Courts,  and 
every  other  Perfon  or  Perfons  having  fuch  Bond  or  Bonds,  Account  or  Accounts^ 
or  other  Papers,  in  his  or  their  Keeping  or  PofTeflion,  is  and  are  hereby  diredled 
and  required  to  deliver  the  fame  to  the  PubUc  Treafurer  of  fuch  County  where 
the  faid  Bond  or  Bonds  was  or  were  given,  or  Account  or  Accounts,  or  other 
Papers,  lodged,  when  he  fhall  demand  the  fame^ 

TD  l"^"    ^^?    ^'    n    •^''''r^^''  ^"""^'^^    ^y    ^^''  Authority    aforefaid,    That    the    faid   Treafurers    to 

Pubhc  Treafurers  fhall,  from  lime  to  Time,  as  often  as  required    upon  Oath    ^""""^  ^^'''^ the 
account  for,  and  pay  to  the  General  AfTembly,  all  fuch  Sums  of  Money  as  they  ^w?s  ^"' 
refpeftively  receive,  by  Virtue  of  this  A6t ;  for  which  Trouble,    they  fhall  be  ^'"'' 
allowed  Five  per  Cent,  on  all  the  Monies  by  them  refpeftively  received,  and  paid 
into  the  AfTembly,  as  aforefaid. 

.^•.  4/^^  ^'  '^  f^^'^^f  Enabled,  That  in  Cafe  of  'the  Death,  or  Departure  out  Governor  to  ... 
ot  tfiis  Province,    or  other  legal  Difability  of  the  faid  Treafurers,  or  either  of  P"int  Treafurers, 
them,  hereby  appointed,  it  fhall  and  may  be  lawful  for  the  Governor  or  Com-  (.iiJy?  °*'  °'^*° 
mander  in  Chief,  for  the  Time  being,  with  the  Advice  of  his  Majefly's  Council, 
to  appoint  and  conftitute  any  other  Peffbn  or  Perfons  in  his  or  their  Place  or 
Stead,  to  execute  the  faid  Office  until  the  next  Seffion  of  AfTembly  •,  fuch  Perfon 
appointed  giving  fuch  Bond  and  Security  as  herein  before  is  direc1:ed. 

XL  AND  be  it  EmSled,  That  the  Penalties  in  this  Ad  mentioned,  fliall  be  Penaiu«  howi« 
lueci  tor  and  recovered  in  the  General  Court  of  this  Province,  by  Adtion  of  Debt    ^''  recovered,  aad 
Bill,  Plaint    or  Information,    wherein  no  EfToign,    Proteftion,    Injunftion,    or  ^^p"''^"^='- 
AVager  of  Law,  fhall  be  allowed  or  adi^itted  of  i  Two  Thirds  whereof  fhall  be 
applied  to  the  Ufe  of  the  Public,  and  the  other  Third  to  fuch  Treafurer  who  fhall 
profecute  for  the  fame. 


XII.  AND  be  It  further  EnaSIed,  That  the  Ad,  intituled.  An  Act,  for  ap- 
P^nttng  a  Treafurer  for  the  feveral  Counties  therein  mentioned,  in  the  Room  of 
Wi  ham  Downing,  Ef^;  deceafed,  and  all  other  Ad  and  Ads,  Claufe  and  Claufes 
of  Acts,  fo  far  as  relates  to  the  Sherifs  of  the  feveral  Counties  of  this  Province 
or  any  other  Perfon  or  Perfons  accounting  for  and  paying  to  the  General  Aflem- 
bly,  any  of  the  Public  Money  by  them  refpedively  received,  and  the  Penalty 
mentioned  m  them  or  any  of  them,  is  and  are  hereby  fufpended,  during  the 
Tmie  this  Ad  fhall  continue    in  Force.  /        r  .  o 

R  '  J-  XJIL  AND 


A£l3  fufpendci. 


L    A    JV  S    of    North-Caroli 


N  A. 


A.  D.     1748. 

' V 


XIII.  AN B  be  it  further  Ena^ed,  by  the  Authority  afcrefaid.  That  this  A61. 
fliall  continue  and  be  in  Force,  for  the  Term  of  Four  Years,  and  from  thence  to 
the  End  of  the  next  Seflion  of  Aflcmby,  and  no  longer. 


Officers  Fees  fet- 
tled. 


OoY«rnor'5  Fees. 


His    Fees 
Chancery. 


Governor'*     Si 
wetary's  Fees. 


CHAP.     II. 

An  AB,  for  Regulati?ig  the  feveral  Officers  Fees  ivithin  this  Province, 
a?id  afcertaining  the  Method  of  paying  the  fame. 

O  R  the  better  regulating  the  feveral  Officers  Fees  within  this  Province, 
and  to  afcertain  the  Method  of  paying  the  fame  j 

II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  EnaHed,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his 
Majefly's  Council,  and  General  Affemhly  of  this  Province,  and  by  the  Authority  of 
the  fame.  That  it  fhall  be  lawful  for  the  feveral  Officers  within  this  Province,  to 
take  and  receive,  in  Proclamation  Money,  or  Bills  of  Credit,  fuch  Fees  only  as 
is  appointed  by  this  Ad;,  for  fuch  Service  ;  to  wit. 


T'he  Governor'' s  Fees. 

Proclamation  Money,  /. 

For  figning  a  Grant  or  Patent  for  Land,  for  1000  Acres,  or  under,  o 

For  every  Hundred  above  a  Thoufand,  to  Five  Thoufand,  o 

For  figning  Letters  of  Adminiftration,  or  Teftamentary,  o 

For  proving  a  Will  before  the  Governor,  o 

For  figning  a  Regifter  of  an  undecked  Veflel,  Shallop,  or  Pettiagua,  o 

For  figning  a  Regifter  for  a  decked  Veffel,  o 

For  figning  every  Teftimonial,  under  the  Colony  Seal,  o 

For  figning  every  Commiffion  for  a  Place  of  Profit,  o 

For  Letters  Patents  of  Denization,  o 


} 


Governor'' s  Fees  in  Chancery^ 

Proclamation  Money, 
For  figning  a  Decree  in  Chancery, 
F'or  every  Order,  made  on  Motion,  or  Petition, 
For  figning  an  Injunftion  in  Chancery, 
For  hearing  and  determining  every  Caufe, 
For  figning  an  Exemplification  of  a  Decree, 
For  Difmillion  of  every  Bill,  where  the  Caufe  doth  not  come  to 
Tryal  and  final 'Hearing, 

The  Governor'' s  Secretary's  Fees. 

Proclamation  Money, 
For  drawing  the  Certificate  for  the  Probat  of  a  Will,  taken  before } 
the  Governor,  3 

For  drawing  every  Teftimonial,  to  be  figned  by  the  Governor,  to  I 

which  the  Colony  Seal  ftiall  be  affixed. 
For  every  Warrant  for  Land, 
For  the  great  Seal, 
For  the  fmall  Seal, 


s.    .d. 
6     8 


5 
5 
7 

13 
5 

10 

10 


s. 

lO 

I 

7 
o 


d. 

Q 

4 
6 

.  o 
o 


/. 

s. 

d. 

0 

I 

4 

0 

2 

8 

0 

2 

r 

0 

2 

8 

0 

J 

4 

rhtf 


LA   W  S    of    North-  Ca  r  o  l  i  n  a. 


251 


\ 


J'he  Chief  Juftice's  Fees. 

Proclanivition  Money, 
For  every  Writ,  and  Return, 
Docketing  the  Aftion, 
For  every  Difcontinuance, 
Eor  every  Appearance, 
For  every  IfTue  joined, 
For  every  Venire, 

For  every  Adion  entered  in  Paper,  of  Caufes  for  Tryal, 
For  every  Subpoena, 
For  fwearing  every  Witnefs, 
For  hearing  every  Tryal, 
For  entering  every  Virdift, 
For  hearing  and  giving  Judgment  upon  Special  Pleadings,    had 

in  any  Caule, 
For  confeffing  of  Judgment, 
For  every  Rule  ot   Court, 
For  every  Poftea,  Return,  and  figning  Judgment, 
For  every  Execution, 
For  entering  Satisfacftion, 
For  taxing  every  Bill  of  Cofts, 
For  taking  Special  Bail,  before  the  Judge, 
For  every  original  Attachment, 
For  every   Sciri  Facias., 
For  every  Certiorari., 
For  every  Habeas  Corpus^ 
For  receiving  an  Appeal, 
For  every  Writ  of  Error,  and  Allowance, 
For  taking  Recognizance  thereupon. 
For  every  Order  in  the  Judge's  Chamber, 
For  receiving   Injun6tion, 
For  proving  or  acknowledging  every  Deed, 
For  the  Examination  of  Feme-Coverts,  and  Proof  of  the  Deed  or  ) 

Acknowledgment,  ) 

For  every  Affidavit,  in  Writing,  before  the   Judge, 
For  adminiftering   the  Oath,    and  figning  the   Certificate   of  the) 

Witneffes,  attending  in  any  Caufe,  j 

^he  Chief  Jiiftice''s  Fees  of  the  Crotjon  Side. 

Proclamation  Money, 
For  taking  every  Information, 
Every  Recognizance,  taken  before  hifliy 
Every   Writ, 
Every  Order  of  Court, 
For  every  Commitment, 
For  every  Travers, 

For  every  Perfon  difcharged  by  Proclamation, 
For  every  Caufe  entered  in  the  Docket, 
Taxing  Bill  of  Cofts, 
For   Examination  of  every  Perfon  committed   for  Contempt   of) 

Authority,  j 

For  every  Oath  in  the   Caufe, 
For  hearing  the  Caufe, 
For  hearing  and  determining  a  Motion,  in  Arreft  of  Judgment,  or 7 

Special  Virdid,  5 


o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
6 

o 
o 
o 
6 


s. 

3 
o 

o 
o 
I 

2 

o 
I 
o 

2 

o 


A.  D.    1748, 

V — ^ / 

,     Chief    Tuftite'? 
a.    Fees. 

D 

6 
6 


4 
a 
2  & 
2     8 

1  6 

2  8 
2      8 

5  4 
2  8 
0     § 


His  Fees  of  the 
S.       d.   C''°w  S'''*» 

2      8 
I 

3 
o 
I 
o 
I 
o 

2 


o     4 
2     8 

5     4 

Clerks 


252 


LAWS    o/'    North-Carolina, 


yi.  D.   J  748. 

*• V 

Clerks  Fees. 


Clerks  Fees  of  the  General  and  County  Courts. 

Proclamation  Money, 

For  entering  every  A6lion, 

For  every  Writ, 

For  a  Copy  of  every  Declaration, 

For  recording  the  Defendant's  Appearance,  or  Default, 

For  Recording  a  Plea, 

For  every  Depofition,  taken  in  Writing, 

For  filing  every  Bill^  Bond  or  other  Paper^ 

For  Continuance,  or  Referrence  of  every  Aftion, 

For  Recording  the  Venire,  Seven  Pence  Half  Penny, 

For  Recording  Jury's  Oath,  and  Verdift, 

For  entering  up  the  Judgment, 

For  entering  every  Order  of  Courts 

For  a  Copy  of  every  Order  of  Court, 

For  fearching  a  Record, 

For  a  CommifiTion,  or  Dedimus  Poteftatem, 

For  certifying  the  Probat  of  a  Will, 

For  adminiftring  every  Oath,  Two  Pence  Half  Penny, 

For  every   Execution, 

For  every  Summons  for  one  or  more  Perfons,  if  mentioned  in  the  1 
Summons,  J 

For  every  Petition  or  Motion,  if  entered  in  Writing, 

For  a  Certificate, 

For  an  Attachment, 

For  Recording  or  Inroling  every  Bond,  or  other  Writing, 

For  entering  the  Acknowledgment  of  Sales  of  Land, 

For  a  Writ  of  Enquiry, 

For  a  Scire  Facias^ 

For  every  Retraxit, 

For  every  Difmiflion, 

For  recording  a  Mark  or  Brand, 

For  proving  every  Right, 

For  every  Certificate, 

For  a  Copy  of  a  Record,  per  Copy  Sheet,  each  Sheet  containing  > 
Ninety  Words,  3 

For  reading  every  Paper, 

For  making  up  every  Record  on  Judgment,  after  Verdiff  or  Special  ■\ 
Pleading,  and  entering  the  fame  in  a  Book  for  that  Purpofe,  per  v 
Copy  Sheet,  each  containing  Ninety  Words,  3 

For  every  Bill  of  Cofls,  or  Copy  thereof. 

For  making  out  an  Alphabetical  Lift  of  all  the  Taxables  in  each 
County,  and  delivering  the  fame  to  the  Sheriff;  delivering  Or- 
ders to  Conftables,  and  ail  other  extraordinary  Services  for  the 
County,  to  be  paid  by  the  Court,  out  of  the  County  Tax,  Yearly 

For  every  Certificate  for  each  J'uror's  Attendance, 


/. 

S. 

d. 

0 

0 

7 

0 

I 

I 

0 

1 

4 

0 

0 

7 

0 

1 

I 

0 

0 

7 

0 

0 

4 

0 

0 

4 

0 

0 

6 

0 

0 

7 

0 

0 

7 

G 

0 

7 

0 

0 

7 

0 

I 

4 

0 

I 

6 

1 


I     4 


o  4 

o  3 

o  4 

o  7 

13  4 

o  6 


Secretary's  Fecj. 


'The  Secretary's  Fees. 

Proclamation  Money,      /.     s. 
For  every  Patent  in  Paper,  and  recording,  for  One  Thoufand  A-  |  „ 

cres,  or  under,  3 

For  a  Petition  for  a  Grant  for  a  Patent  for  Land,  and  Order,  in-  ^ 
clufive,  5 

For  every  Hundred  Acres  above  a  Thoufand,  to  Five  Ihoufand,  o       o 

For  a  Patent  in  Parchment,  if  required,  and  recording,  o     10 


o 

For 


o 

5 

4 

o 

I 

4 

o 

o 

7 

o 

I 

4 

o 

10 

o 

o 

I 

4 

LAWS    o/'    North-Carolina.  25^ 

Proclamation   Money,  /.       s.     d.    "^^  ^-  '748- 

For  a  Warrant  for    Surveying  Land,     proving  Rights,    Petition  \  ^ v"~"*^ 

and  Order  thereon,  reading  inclufivc,                                                j  ^       5     4 

For  fihng  every  Paper,  q       07 

For  Letters  of  Adminiftration,  or  Letters  Teftamentory^  Guardian-  7 

fhip  or  Tuition,  if  made  out  by  the  Secretary, '  ^028 

For  every  Adminiftration  Bond,  if  taken  by  the  Secretary,  and  recording,  o       ^     o 

For  every  CommifTion  of  the  Peace,  and  MiUtaiy  Commiflion,  to  be  } 

paid  by  the  Public,                        -                                                     J  o       5     o 

For  every  Commiffion  for  a  Place  of  Profit, 

For  a  Dedimus  Potefiatem^ 

For  fearching  a  Record, 

For  the  Copy  of  a  Patent, 

For  Letters  of  Denization, 

For  entering  a  Caveat, 

For  Recording  any  Paper  not  before  mentioned,  or  Copy  of  a  Re- 
cord, pr  Copy  Sheet,  each  Sheet  containing  Ninety  Words,        J  "       ^     ^ 

For    every  Teftimonial    pafilng  the  Secretary's  Office,  under  the  J 

Colony  Seal,                                                                                        J  0        2     8 

For  every  Commiflion  of  Oyer  and  Terminer^  or  Nift  Prius,  to  be  > 

paid  by  the  Public,  }  °       5     » 

The  Clerk  of  the  Crown  and  Clerk  of  the  Peace's  Fees.  cierk  of  the 

Proclamation  Money,  /.      s.     d.  STp ''ce'r'' 

For  filing  every  Indidment,  or  any  other  Paper,  004  Fe«/  '"' ' 

For  a  Copy  of  an  Indidment,  Information,  or  Prefentment,  o       i     4 

For  Recording  the  Coroner's  Inqueft,  o       i     4 

For  arraigning  a  Criminal,  007 

For  entering  every  Appearance,  or  Default,  007 

For  every  Capias,  o       i      i 
For  every  Recognizance,  acknowledged  in  Court,  or  out  of  Court,  j 

if  drawn  by  the  Clerk,                                                                      }  o       i      i 

For  entering  every  Recognizance  on  the  Docket,  008 

For  entering  every  Order  of  Court,  007 

For  every  Venire,  or  Subpoena,  007 

For  adminiftring  every  Oath,  004 

For  entering  the  Jury's  Oath,  and  Vcrdid,  007 

For  entering  up  Judgment,  007 

For  entering  a  Plea,  O       o     5 

For  a  Search  of  Record,  007 

For  a  Copy  of  an  Order  of  Court*  007 

For  calling  the  Defendant,  004 

For  every  Refpit,  004 

For  a  Liberate,  o       i     i 

For  taking  every  Depofition,  in  Writing,  007 

For  every  Perfon  difcharged,  007 
For  Recording  any  Paper  not  before  mentioned,  or  Copy  of  Re-  > 

cord,  per  Copy  Sheet,  each  Sheet  containing  Ninety  Words,        J  °       ^     ^ 

For  drawing  every  Writ  of  Eledion,  to  be  paid  by  the  Public,  028 

For  every  Scire  Facias,  o        14 

For  Writing  a  Warrant,  o        14 
For  making  up  every  Record,  and  entering  the  fame  in  a  Book  for  j 

that  Purpofe,  per  Copy  Sheet,    each   Sheet  containing  Ninety  J  004 

Words,  3 

S  f  f  Clerk 


254  LA   W  S    of    North-Carolina. 

j4.  D.    1748. 

*       ^^■"  Clerk  of  ihe  Chancery's.  Fees. 

ChanceryClerk'*  •'  n         1  •         iv  >r  ■  r    ^-    ■ 

Tecj.  rroclamanon  Money, i3t)C.'  ;  >Si\  d. 

Eor  filing  every  Bill,  or  other  Paper,  -  '      o       07 

For  every  Subpoena,  for  one  or  more  Perfons,  if  mentioned  in  thfe  T 

faid  Subpoena,  '  5    o        ^     4 

For  an  Injundion  in  Chancery,  050 

For  a  Superfedeas,  and  Return,  014 

For  entering  up  a  Decree,  028 

For  Calling  or  Difmiffion,  o        o     7 

For  taking  every  Depofition,  in  Writing,  o       Q-  7 

For  Interrogatories,  it  drawn  by  the  Clerk,  o        i  s'-^ 

IP  or  z  Dedimus  Pot  ejl  at  em^  to  examine  Witnefies,  o    fi8 

For  every  Petition,  or  Motion,  if  entered  in  Writing,  o        o  •■^7 

For  recording  of  any  Paper  not  before  mentioned,  or  Copy  of  Re-)  ;o\- 

cord,  per  Copy  Sheet,,  each  Sheet  containing  Ninety  Words,        J  °        °  •'  ^ 
For  fetting  down  the  C^ufe  for  hearing,  -014 

For  every  Search,  jj.j     ^o       o-  7 

Public  Regifter'.  PuMic  Regifier' s  Fees. 

T«M.  Proclamation   Money,  /.       s.     d. 

For  Regiftring  every  Birth,  Burial,  or  Marriage,  o       07 

For  Regiftring  a  Conveyance,  or  any  other   Writing,  or  giving  j 
a  Copy  thereof,  5 

For  every  Certificate  of  Birth,  Burial,  ■  or  Marriage,  o       07 

sherifsFees,  Sheriffs  Fees^ 

Proclamation  Money, 
For  an  Arreft, 
For  a  Bail  Bond, 

For  ferving  a  Copy  of  a  Declaration,  if  done  by  the  Sheriff, 
For  whipping  any  Perfon, 

For  ferving  a  Subpoena,  for  each*  Perfoii  named  in  fuch  Subpoena, 
For  Pilloring  any  Perfon, 
For  an  Attachment,  as  for  an  Arreft,  and  if  further  Trouble  by  moving  Goods, 

to  be  taxed  by  the  Court. 
For  executing  a  Warrant  of  Diftrefs,  or  an  Execution  againft  the  n 

Body  or  Goods,  if  not  above  Ten  Pounds,  Proclamation  Money,  >  o       10 
for  each  Pound,  J 

If  above  Ten  Pounds,  Proclamation  Money,  for  each  Pound  above. 
For  Imprifonment  for  Felons  or  Debtors,  or  any  other  Perfon,  for, 
each  Prifoner  per  Day,  for  finding  One  Pound  of  wholfome  Brc 
One  Pound  of  wholfome   roafted  or  boiled  Flefti,  and   not 
than  Two  Quarts  of  frefn  Water,  and  every  other  neceflary  Atten- 
dance, and  keeping  the  Prifon  clean. 
If  the  Prifoner  finds  himfelf  Vicfluals  and  Drink,  then  the  Sheriff  3 
fhall  take  but  i 

For  fummoning,    impanneling,    and  attending  on  every  Jury  in  \ 
every  Caufe,  when  a  Special  Venire  ftiall  iffue  by  Order  of  Court,  J 
For  putting  any  Perfon  in  the  Stocks,  and  releafing,  007 

For  a  Commitment,  if  by  Order  of  Court,  or  Mittimus,  028 

For  a  Releafement,  028 

For  ferving  a  Writ  of  Poffeflion  of  Land,  076 

For  waiting  on  any  Perfon  on  a  Habeas  Corpus,  per  Day,  o       2     8 

For  calhng  every  Aftion  each  Court,  o       ©     4 

For  fummoning  the  Jury  on  a  Common  Venire,  in  qvery  Caufe,  008 

For 


L 

s. 

d. 

0 

5 

4 

0 

I 

Q 

0 

I 

4 

0 

2 

8 

0 
0 

2 

8 
0 

,  for^ 
read,  / 
t  lefs  J. 
tten-  \ 


5     4 


LAWS      o/'     N  O  R  T  H  -  C  A  R  O  i.  I  N  A. 


■^55 


V  yf •  D.  1743. 


Amerciaments  to 


Fcr  Amercements  to  the  Jufiices   of  the  County  Courts 

:-''''"'•"'-  Proclamation   Money,    ./.      ..     J.  fhrjuS 

10  the  Jufticc-s,    on  every  Adion,    Prefentment,  or  Indiclmeht,  7 

brought  as  an  Amercement,  '  *■/'   ''"'■  \    \   014 

For  taking  Examinations,  drawing  and  returning' "a'Rkognizahce,^'io    '' 2', 'g 

Efcheator' s  Fees.  .  ,       .    ''  '    ' 

Proclamation  M6npy,'!j  ^'■.' '^i;  '^d. 
For  every  Inquifition,  and.  Return,  '!\.^^.^l^v.::>v^      • 


"'"■'mtcrnerCeneral'sFees.  ^^^  ''"'f'''^- 


Efcheator's  Feetj 


Attorney-Gene- 


:    .  "^'■'-  •'    ■  ProclamationMoieyi^"^/x''-'1^.  "^■'^-• 

For  every  Indidlment  found,  or  Prefentment  n^ade,  ''  ""' "  .\^\''.:''"6  ^ 

If  Bill  found  ^«om?«//j,  then  the  Profecutor  fhaH'p^y  ''^'"^i^Pp;.'  12°^ 

For  the  fame  in  the  County  Court,     _  ;\\        '    ;■  "'^''"'o     ■ia''"' 'a 

YiiQxxndi  Ignoramus.;  then 'the  Profecutor  to  pay'"*  ^^^^ .  ;'  b''?''6'^'8 

-  Jtage  of  theAdmiraltfs  Fee's.'  '^  ''^'^'^'''''^  ^  , ,     ,  ,  ^, 

r»  'f-i-    •■  ■■■'~   ■'  Judge  of  theAd- 

rroclamation  Money,      /.  jV  d.  "»iraity-s  Fees. 
In  Cafes  of  Seamens  Wages  or  other  Suit,  exceeding  Twenty  Pounds ) 

Value  recovered,  for  the  firft  Day,  j    i  o  8       .       ...j- 

For  every  Day  more  than  one,  o  12  ,t 

For  a  Warrant  of  Arreft,  or  any  other  Warrant,  .-"a^  .-.  \^''^ 

For  admitting  the  Libel,  -.(^  i  a 

For  every  Citation,  '    ^   ""'Vo-  i  4. 

For  every  definitive  Sentence,  '"  ''''■^-  - 

Regijler'^s  Fees  in  like  Cafes.  Regifier's  Fe«s, 

Proclamation  Money,      /      s.     d. 

For  filing  every  Paper,  J       o     -^ 

For  regiftring  a  Libel,  Q      .4v    4 

For  regiftring  an  Anfwer,  or  Replication,  ^ci'"'V'j> 

For  taking  every  Affidavit,  in  Writing,  >5'-,  T'li"'  © 

For  regiftring  a  Decree,  •'  o   '  '3'  -0 

For  Difmiflion  of  every  Suit,  i.   '  ,  q'''^ 

For  continuing  every  Suit,  ^  b'"^  o""' 7 

For  a  Citation,  o 
For  a  Subpoena  for  each  Evidence, 

For  regiftring  every  Paper  not  before  mentioned,  or,  copying,  per  1 

Copy  Sheet,  each  Sheet  containing  Ninety  Words,  )    ° 

^he  Advocate's  Fees.  Advocate's  F«e». 

Proclamation  Money,  /.  jr.  d. 
The  King's  Advocate,  in  every  Caufc  when  he  appears  for  the  King, .  2  n^.  4 
In  every  other  Cafe,  the  fame  as  another  Advocate,  i      10 


I 

o       o 


o 


The  MarfJoars  Fees  in  the  Court  of  Admiralty.  Marihal's  Fies, 

Proclamation  Money,     /,       s.     d. 
For  ferving  every  Warrant,  and  Return,  '054 

For  ferving  a  Decree,  and  Return,  above  Five  Pounds,  080 

For  every  Pound  above  Five  Pounds,  o       o     4 

For  ferving  a  Citation,  Monition,  or  Notice,  028 


rhe 


2s6 


LA    W   S     of    North-Carolina, 


A    V 


"Naval 


174?. 
Officer's 


Colleftor'k  Feci. 


Surveyof-Gcne  • 
ral's  Feet. 


Auditor's  Feel, 


The  Naval  Officers  Fees. 

Proclamation  Money, 
For  entering  and  clearing  Vefiels  not  decked.  Boats  or  Canoes  of  i 

the  Country,  if  bound  to  Foreign  Parts,  5 

For  entering  and  clearing  decked  Velfels,  belonging  to  the  Country, 
Fof  entering  and  clearing  foreign  \^cflc.'ls,  if  under  One  Hundred  > 

Tons,  i 

If  above  One  Hundred  Tons,  to  include  all  Fees,  except  fuch  as  ) 

are  in  this  Aft  particularly  mentioned,  3 

Fot  taking  Bonds  of  Mafters  of  Veflels,  to  be  underflood  of  either  j 

Bonds  which  Mafters  of  VefTels  are  obliged  to  give,  j 

For  a  Bond  in  order  to  obtain  a  Pafs,  for  People  going  out  of  the  ) 

Country,  and  the  Pafs,  J 

For  a  Certificate  for  enumerated  Goods, 
For  a  Certificate  for  Bounty  in  Englandy 
For  figning  a  Permit  for  any  foreign  Veflel,  going  from  one  Diftrift  i 

to  the  other,  within  this  Province,  5 

For  figning  a  Permit  for  Country  Veflels,  going  as  aforefoid,  hav-  j 

ing  foreign  or  enumerated  Goods  on  board,  j 

Collector's  Fees. 

Proclamation  Money, 
For  entering  and  clearing   foreign  Veffels,  if  under  One  Hundred  \ 

Tons,  J 

If  above  One  Hundred  Tons,  including  all  Bufinefs  incident,  ex-  7 

cept  fuch  as  are  in  this  Act  particularly  mentioned,  ) 

For  entering  and  clearing  open  Veflels  of  the  Country,  if  bound  to^ 

foreign  Parts,  including  as  aforefaid. 
For  entering  and  clearing  decked  Veflels  of  the  Country,  including 

as  aforefaid, 
For  a  Certificate  on  the  Change  of  a  Mafter, 
For  writing  and  figning  a  Regifter, 
For  recording  a  Regifter,  if  required. 
For  a  Certificate  for  enumerated  Goods, 
For  a  Certificate  for  Bounty  in  England^ 
For  figning  a  Permit  for  any  foreign  Veflel,  going  from  one  Dif-") 

tri6t  to  another  within  this  Province,  J 

For  a  Permit  for  Country  Veflels,  going  as  aforefaid,  having  foreign*) 

or  enumerated  Goods  on  board,  J 

For  a  Permit  to  load,   and  unload, 

Surveyor-General' s  Fees. 

Proclamation  Money, 
For  entering  a  Warrant,  and  certifying. 
For  furveying  a  Thoufand  Acres,  and  under. 
For  every  Hundred  above  a  Thoufand, 

Auditor^s  Fees, 

Proclamation  Money, 
For  auditing  every  Patent, 
For  entering  and  certifying  every  Warrant  for  Land, 


/. 

s. 

d 

0 

3 

3 

0 

6 

8 

I 

4 

o 

I 

lO 

o 

/.        s.     d. 
I       40 

I     10    o 


3     3 


I     4 

I     4 


/.  s.  d. 
028 
I  6  8 
oil 


s.     d. 

5     4 
2     8 


Rcteiver-Gene- 
iaVt  F»c«. 


For  a  Warrant  of  Diftrefs, 


Receiver 'Generars  Fees. 

Proclamation  Money, 


/.      s.    d. 

028 

Coroner*s 


LAWS     o/'    North-Carolina.  257 


o     16 


A.  D.  174S. 

Coroner's  Fees.  ^       ^''  ^ 

¥-.         I  •  1  /r  T  1     Coroner  s  Fies. 

Proclamation  Money,     /.      s.     a. 

For  every  Inquifition,  and  Return,  to  be  paid  out  of  the  Deceafcd's ) 
Eftate,  if  no  Eftate,  then  by  the  Country,  3 

For  each  and  every  Juror,  on  an  Inquifition,  to  be  paid  by  the  Co- 
roner out  of  the  Deceafed's  Eftate,  if  no  Eftate,  to  be  paid  by 
the  Country, 

For  the  Conftable,  for  fummoning  each  Juror  on  an  Inqueft,  007 

For  other  Services,  the  fame  as  the  Sheriff. 

Clerk  of  the  Council's  Fees.  cicrk  of  the 
Proclamation  Money,     /.      s.     d.  Councu-s  Fees. 

For  reading  every  Paper  in  Council*  007 

For  entering  every  Order  of  Council,  007 

For  every  Search,  or  Copy  of  an  Order  of  Council,  007 

For  every  Citation,  or  SummonSj  007 

For  Adminiftring  every  Oath,  004 

For  drawing  every  Pttition,  if  drawn  by  the  Clerk,  o       o   lo 

Eor  taking  every  Depofition,  in  Writing,  007 

For  filing  every  Paper,  o      o     y 

For  recording  every  Paper  not  before  mentioned,  or  Copy  thereof,  J 

^er  Copy  Sheet,  each  Sheet  containing  Ninety  Words,  5                  ^ 

III.  AN D  be  it  further  EnaEled^  by  the  Authority  aforefaid^  That  the  Clerk  clerks  of  the 
of  the  General  Court,  and  every  County  Court,  and  every  other  Court  of  this  fuTTBiiiTf'^ 
Province,  fliall  make  out  a  Bill  of  Cofts,  and  deliver  the  fame  to  the  Party  Cofts,  andifthe 
from  whom  the  Fees  are  due,  or  to  his  Attorney  •,  and  on  fuch  Perfons  not  pay-  whom  the'^Tme 
ing  the  fame,  it  fhall  and  may  be  lawful  for  the  Clerk  of  every  Court,  to  make  ''  ■*".=  '^*'^"'""  ^° 
out  Execution,  directed  to  the  Sheriff  of  the  County  where  the  Party  refides,  on^  m«y  ifrue"'to 
and  the  faid  Sheriff  fhall  levy  the  fame,  in  Virtue  of  the  faid  Execution,  as  in  ^^'^  sheriff  to 
other  Cafes ;  and  that  to  the  faid  Execution,  Ihall  be  annexed  a  Copy  of  the  wuh  theBiirof 
Bill  of  Cofts  of  the  Fees,  on  which  fuch  Execution  fhall  iffue ;  and  that  all  Ex-  j^^f^'fj-  "J"^"^^  * 
ccutions  iffuing  without  the  Copy  of  fuch  Bill  of  Cofts  annexed,  fhall  be  deemed  Execution  other- 
illegal,  and  no  Sheriff"  fhall  ferve  or  execute  the  fame,  under  the  Penalty  of  Five  *f  *  '°  ^"'^"^ 
Pounds. 


IV.  PROVIDED  always,  and  it  is  the  true  Intent  and  Meaning  of  this  A51,  Execution  may  fce 
That  any  Execution,  againft  the  Body  or  Goods  of  any  Perfon,  fhall  and  may  be  inf''efto«  -^^^^ 
difcharged  by  Tender  and  Payment  of  Infpedors  Notes  for  Commodities,  as 

rated  in  an  Ad,  intituled.  An  A£f,  for  granting  an  Aid  to  his  Majefiy,  to  defray 
the  Expences  of  tranfporting  the  feveral  "Troops  inlijled  in  his  Majejly's  Service  in 
this  Colony,  and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in  Commo- 
dities \  and  for  other  Purpofes  therein  mentioned. 

V.  AND  he  it  further  Enabled,  That  when  any  Perfon  fhall  pay  to  any  Of-  officers  to  give  a 
ficer  within  this  Province,  any  Fees  due  to  fuch  Officer,  the  aforefaid  Officer  JSptlrThtir 
fliall,  on  the  Receipt  of  fuch  Fees,  if  demanded,  give  a  Ticket  of  fuch  Fees,  f«'- 

with  a  Receipt  for  the  fame  i  under  the  Penalty  of  Five  Pounds. 

VI.  AND  that  the  People  may  better  know  what  Fees  are  due  to  the  feveral  omccrj  to  kee 
Officers  aforefaid.  Be  it  further  Ena£led,  by  the  Authority  aforefaid.  That  each  ^  Table  of  thdr 
refpedive  Officer  within  this  Province,  ftiall,  within  Three  Months,  next  after  fhc"  ferLfoffi? 
the  Ratification  of  this  Ad,  fet  up,  in  fome  Public  Place  in  his  Office,  a  Table  "'-  °"  »'^"-  °f 
of  the  Fees  that  may  be  taken  by  fuch  Officer,  according  to  the  Diredions  of  this  Ly-,  NeguT' 

T  t  t    •  Ad; 


258  L  A   W  S    of    North-Carolina. 


A.  D. 


I748-    A(5t ;  and  fhall  continually  keep  the  fanie  up,  under  the  Penalty  of  Five  Shil- 
lings, for  every  Day  luch  Table  fhall  not  be  fo  fixed  up. 


Pcnait  en  offi-  ^^^'  ^  ^  D  be  it  further  EnaSfed,  That  if  any  Officer  fliall  demand,  extort, 
ccrs  taking  larger  cxad,  or  reccivc,  under  Colour  of  his  Office,  any  other  or  larger  Fees  than  what 
fngVheu  Duty?    ^^  particularly  mentioiied  in  this  A6t,  or  fhall  refufe  to  do  the  particular  Service 

in  his  Office  for  the  Fees  in  this  Aft  expreffed,  fuch  Officer  Ihall,  for  every  fuch 

Offence  or  Default,  forfeit  the  Sum  of  Five  Pounds. 

Penalty  onCierks  VIII.  A  N D  be  it  further  Ena5led^  by  the  Authorty  aforefaid.  That  no  Clerk 
pj^l,"^  ^"""^^  of  the  General  Court,  or  any  County  Court,  fliall  introduce  any  new  Fees  ;  nei- 
ther fliall  he  charge,  in  any  Bill  of  Cofts,  any  Fees  for  any  pretended  Service 
where  the  fame  is  not  really  and  aftually  done,  or  where,  according  to  the  Courfc 
of  Pradice,  the  fame  was  not  neceffary  to  be  done  •,  under  the  Penalty  of  Twenty 
Shillings,  for   every  Offence. 

Fines  hovi^  to  b:  IX.  A  N  D  be  it  further  Ena£fedj  That  the  feveral  Penalties  in  this  Ad: 
20X7"''  ^"^  mentioned,  fliall  and  may  be  recovered,  by  any  Perfon  or  Perfons  that  will  fue 
for  the  fame,  before  any  Magifbrate  or  Magiftrates,  or  in  any  Court  of  Record  in 
this  Province,  Refpeft  being  had  to  their  fevtral  Jurifdiftions,  as  is  prefcribed  by 
Law  tor  the  Recovery  ot  other  Debts  -,  wherein  no  Eflfoign,  Protection,  Injunc- 
tion, Privilege,  or  Wager  of  Law,  ftiall  be  allowed  or  admitted  of-.  One  Half  to 
the  Profecutor,  the  other  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifli 
where  the  Offence  is  committed. 

Profecutions    to      'j^.  PROVIDED  always^  That  all  Profecutions  for  any  Penalty  or  Pcnal- 
witWnTvMH.  ties,  by  Virtue  of  this  Adl,  fliall  be  commenced  within  Two  Years  after  the  Of- 
fence is  committed,  and  not  after. 

No  other  Fees  to       XI.  A  N  D  be  it  further  Enact edi  by  the  Authority  aforefaid.  That  no  new  or 
be  demanded  or  Qj-j^gj.  pggg  fhall  hereafter  be  created  or  made,  by  any  Perlbn  or  Perfons  whatfo" 

taken,  thanthofe    ^  111  -iiri  r      t  nni/l. 

fettled  byGenexai  cvcr,  or  bc  demanded,  taken,  or  received,  otherwife  than  fuch  as  fhall  be  cfta' 
AflTembiy.  blifhcd  by  the  Authority  of  the  Governor,  Council,  and  General  Aflfembly  -,  any 

Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithflanding. 

UepeaiingCiaufe  ^^^'  ^  ^  D  be  it  further  Ena5fed^  That  all  other  Aft  and  Afts,  Claufes, 
Matters,  and  Things,  heretofore  made,  relating  to  Officers  Fees,  fo  far  as  is 
within  the  Purview  of  this  Aft,  are  hereby  repealed  and  declared  to  be  null  and 
void,  to  all  Intents  and  Purpofcs. 


CHAP.     III. 

jin  AB,  for  laying  a  Tax  on  the  Inhabitants  of  Granville  County^  and  for 
appointing  Commifjioners  to  complcat  and  finifi  the  Public  Buildings  al- 
ready begun  in  the  f aid  County, 

Preamble,  ^-  WJ  H  E  R  E  A  S,  by  an  Aft  of  the  General  AfTembly  of  this  Province, 

YY  paffed  at  Newbern^  on  the  Twenty  Eighth  Day  of  June^  in  the 
Twentieth  Year  of  the  Reign  of  our  Sovereign  Lord  George  the  Second,  by  the 
Grace  of  God,  of  Great-Britain,  France,  and  Ireland,  King,  Defender  of  the 
Faith,  i^c.  and  in  the  Year. of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Six,  intituled.  An  A£f,  for  dividing  Edgcomb  County,  and  for  erecting  the 
upper  Part  therecf  into  a  County  and  Pariflo,  by  the  Name  of  Granville  County y 
and  St.  John's  P.-^r//^,  and  for   api^olnting  Vejlrymen,  of  the  faid  Parijh-,  a  Tax 

was 


L  A  PV  S     of    North-Carolina.  259 

was  laid,  tor  Two  Years,  ot  Two  Shillings,  Proclamation  Money,  for.  building  ^-  ^    '  '^ 

a  Court-houle,  Prifon,  and  Stocks,  in  the  laid  County,  and  running  the  dividing  v^"— ' 
Line  between  Craven  and  Edgconh  Counties  ;  which  laid  Tax  is  found  infuiRcienc 
for  running  the  laid  Line,  and  compleating  the  faid  Buildings  of  the  laid  County  : 


II.  WE  therefore  pray  it  may  be^Enacted,  And  he  it  Enacted^  by  JAs  Excellency  T'x  laia  for  fi- 
Gabriel  Johnfton,  £/^-,  Gcvernor,  by  and  "jjith  the  Advice  and  Conftnt  of  his  Ma-  Tk'Bafid'ngsI'&c' 
jejly's  Council^  and  General  Ajfembly  of  this  Province^  and  it  is  hereby  E^iacted,  by 

the  Authority  of  the  fame.  That  a  further  Tax  of  Two  Shillings,  Proclamation 
Money,  for  Two  Years,  enfuing  next  after  the  Ratification  of  this  A(ft,  and  no 
longer,  be  laid,  and  the  faid  Tax  of  Two  Shillings,  Proclamation  Money,  is 
hereby  laid,  on  each  and  every  Taxable  in  the  faid  County,  lor  and  towards  com- 
pleating and  finifhing  the  faid  Buildings,  and  the  Charge  of  running  the  faid. 
Line-,  and  flaall  be  colleded  and  paid.  Annually,  by  the  Sheriff  of  the  faid 
County,  at  fuch  Times,  and  Places,  and  in  the  fame  Manner,  as  other  Taxes 
are  coUedted  and  paid. 

III.  AND  be  it  further  Ena^ed.,  by  the  Authority  aforefaid.  That  the  She-  sh.-riff  to  ac 
riff  of  the  faid  County  Ihall  account  for,  on  Oath,  with  the  Commiffioners  here-  comm.Srf' 
inafter  appointed,  for  all  fuch  Sums  of  Money  and  Commodities,  as  he  Ihall  re-  f"r  ="  Mo«i"  ^y 
ceive  in  Virtue  of  this  Aft,  under  the  Penalty  of  Five  Pounds,  Proclamatioa  S'^obeluowed 
Money ;  to  be  recovered,  by  the  Commiffioners  in  this  Ad:  hereinafter  named,  6  fer  Qm, 

in  any  Court  of  Record  within  this  Province,  wherein  no  Eflbign,-  Injundiorr, 
Proteftion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  ol ;  and  the  faid 
Sheriff,  for  colledting  and  paying  the  faid  Tax,  fhall  have  and  receive  Six  per 
Cent,  and  may  deduft  the  fame  accordingly. 

IV.  AND  be  it  further  Enabled,  by  the  Authority  afore  faid.  That  Mr.  Wil-  CoipTiiffionen. . 
Ham  Eaton^    and  Mr.  Edward  JoneSy  be,  and  are  hereby  appointed  Commif-  ^^'""'^'^* 
fioncrs,  to  compleat  and  finifli  the  faid  Buildings,  and  defraying  the  Charge  of 

running  the  faid  Line  :  Which  faid  Commiffioners  fliall.  Yearly,  account  with  the 
Court  of  Granville  County,  for  all  fuch  Sums  of  Money,  as  they  fliall  receive 
from  the  feid  Sheriff,  in  Virtue  hereof,  under  the  Penalty  of  Five  Pounds,  Pr|- 
clamation  Money  ;  to  be  recovered  by  any  Perfon  who  fliall  fue  for  the  fame, 
and  applied  as  herein  after  direded.  - 

y.  A  N  D  be  it  Enacted,  by  the  Authority  aforefaid.  That  all  Forfeitures  Forfe'tuf"  h^w 
arifing  in  Virtue  of  this  Adl,  fliall  be  recovered  as  aforefaid,  and  applied  for  arid  ^dtppTier"'' ' 
towards  the  Ufe  the  Tax  laid  by  this  Act  is  intended.  •     >..o  ,   '. 

M  .■•'-  .br  ; 


CHAP.     IV. 

Jn  A5ly  to  prevent  the  Exportation  of  raw  Hides,  Pieces  of  Hides,  and 
Calf  Skins,  out  of  this  Government, 

^'  "D  ^  {^  Enaffed,  by  his  Excellency  Gabriel  Johnfl:on,  Efq;  Governor,  by  and  p^^^j^^  „„  p^^. 

J3  "^^^h  ^^^^  Advice  and  Confent  of  his  Majefiy's  Council,  and  General  Affembly  fons  exporting 
ef  this  Province,  and  it  is  hereby  Ena^ed,  by  the  Authority  of  the  fame.  That  ""^  ""^"'  ^'' 
from  and  after  the  Fifteenth  Day  of  Augujt,  next  enfuing  the  Ratification  of  this 
A61:,  no  Mailer  or  Commander  of  any  Ship  or  Veffei,  bound  out  of  this  Go- 
vernment, fliaH  receive,  or  fliip  on  board  his  VeflTcl,  any  Ilide  or  Hides,  Piece 
or  Pieces  of  Hides,  of  Neat  Cattle,  or  Calf  Skins,  raw  and  untanned,  or  fliall 
permit  the  fame  to  be  done  by  others  ;  and  every  Mafter  or  Commander  of  any     • 

Ship 


"-     - 


26(3  LA   W  S    of    North-Carolina. 


A.  D.  I74S.  Ship  or  Vefifel  ib  offending,  ftiall  forfeit  and  pay,  for  every  Hide,  Piece  or  Pieces 
V ^ ^  ^^  Hide,  or  Calf  Skin,  the  Sum  of  Ten  Shillings,  Proclamation  Money  ;  to  be 

recovered,  before  any  one  Juftice  of  the  Peace,  by  him  or  them  that  fhall  pro- 
HiJes  to  be  for-  ft;cute  and  fue  for  the  fame  j  and  the  Hides,  Piece  or  Pieces  of  Hides,  or  Caff 
feited  to  the  Pa-  Skins,  fo  fhippcd,  contraty  to  the  true  Intent  and  Meaning  of  this  Ad,  fhall  be 
"*■  immediately  fold,  by  Order  of  the  Juftices  before  whom  the  Convidlion  fhall  be, 

and  the  Money  arifing  from  fuch  Sale,  fliall  be  delivered  to  the  Churchwardens, 

for  the  Ufe  of  the  Parifh  where  the  Offence  fhall  be  committed  •,  the  Right  of 

Appeal  to  the  next  County  Court  always  refervcd. 

11.  A  N  D  for  the  more  eafy  Convidiort  of  the  Offenders  againft  this  Ad,  Be 
be  conviLdr  "  it  Enacted,  by  the  Authority  afore/aid.  That  the  feeing  any  fuch  Hide  or  Hides, 
Piece  or  Pieces  of  Hides,  of  Neat  Cattle,  or  Calf  Skins,  raw  and  untanned,  re- 
ceived or  fhipped  on  board  any  Ship  or  Veffel  outward  bound,  and  due  Proof 
made  before  any  one  Juftice  of  the  Peace  of  the  County,  fhall  be  deemed  and 
taken  fufficient  Evidence  in  Law  to  convid  the  Mafter  or  Commander  of  fuch 
Ship  or  Veffel  of  the  Offence  aforefaid. 

Provifo.  III.  P  ROVID  ED  alivaySy  That  if  the  Mafter  or  Commander  of  fuch  Ship 

or  Veffel,  fhall  make  Oath,  that  fuch  Hide  or  Hides,  Peice  or  Peices  of  Hides, 
or  Calf  Skins,  were  not  fhipped  or  received  on  board  his  Ship  or  Veffel,  with  his 
Knowledge,  Privity,  or  Procurement,  in  chat  Cafe,  he  fhall  not  incur  nor  pay 
the  Forfeiture  above-mentioned  •,  but  the  fame  Ihall  be  paid  by  the  Perfon  who 
fhall  have  put  the  fame  on  board,  and  the  Hide  or  Hides,  Peice  or  Peices  of  Hides, 
or  Calf  Skins,  fo  put  on  board  as  aforefaid,  fliall  be  forfeited,  fold,  and  diipofed 
of,  in  Manner  as  aforefaid. 

Mafters  cf  v.f-  IV.  AND  he  it  further  Ena£led^  hy  the  Authority  aforefaid.  That  every 
feis  to  tak*  an  Maftcr  or  Commander  of  each  and  every  Veffel,  bound  out  of  this  Province,  at 
^^'^'  the  Time  of  his  clearing  his  Veffel  out,  fhall  make  Oath,  to  wit, 

the  Oath.  T  A.  B.  Majler  of  the  Veffel  H.  do  fwear,  "That  there  is  not,  to  my  Knowledge 
X  "^  Belief,  on  board  my  faid  Veffel^  any  Hide  or  Hides,  Peice  or  Peices  of  Hides, 
of  any  Neat  Cattle,  or  Calf  Skin,  or  Calf  Skins^  raw  and  untanned,  and  that 
none  fuch  fhall  be  tranfported  in  my  faid  Veffel  this  Voyage,  with  my  Privity. 

So  help  me  God. 

eoiieftor,„ot  to  WWch  Oath  each  and  every  CoUedor  of  the  feveral  and  refpedive  Ports  within 

clear  cut  any     j-j^jj  Provincc,  or  his  Dcputy,  is  hereby  authorized  and  required  to  adminifter : 

«dmt'iftrinf  the  Atid  cvety  Collcdor,   or  Deputy  CoUedor,  who  fhall  clear  out  any  Veffel  or 

Oath    en  Pen.  Veffcls,  without  firft  having  adminiftered  the  Oath  aforefaid,  accordmg  to  the 

'  ^°  ■  true  Intent  and  Meaning  of  this  Ad,  fhall  forfeit  and  pay  the  Sum  of  Fifty 

Pounds,  Proclamation  Money  •,  to  be  recovered  by  Adion  of  Debt,  Bill,  Plaint, 

or  Information,  in  any  Court  of  Record  within  this  Province  •,  One  Half  to  the 

Informer,  the  other  for  and  towards  the  contingent  Charges  of  Government ; 

wherein  no  Effoign,  Protedion,  Injundion,  or  Wager  of  Law,  fhall  be  allowed 

or  admitted  of. 

Continuance  ef  V .  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  Ad 
tbs  Aft.  ^^u  continue  and  be  in  Force,  for  the  Term  of  Fifteen  Years,  and  from  thence 

to  the  End  of  the  next  Seffion  of  Affembly,  and  no  longer. 


CHAP» 


Z/yf^-i'o/'  North-Carolina.  261 


A    D.    1748. 

C  H  A  P.    V„  t  * — -^— ^ 

^n  AB^  to  appoint  Commijicners  to  continue  running  the  Boundary  Line 
betivecn  EdgComb  County ^  Tyrell,  and  Part  of  Beaufort  Counties. 

i.  WJ  H  E  R  E  A  S  the  Commi/Tioners,    appointed   by  an  A«5t,  intituled,  pr«amWc» 

V V  "dn  A^i  for  afcertaining  the  Boundary  Line  between  Tyrell  County^  and 
Beautorc  County y  and  bet'-jjeen  Edgcomb  CGuhly^  and  Tyrell  County^  and  Beaufort 
County,  have  run  a  dividing  Line  between  Eagcomb  County,  and  Tyrell  County, 
and  Part  of  Beaufort  County^  and  Edgcomb  County,  from  Roancke  River,  as  far 
as  the  iViouth  of  Cheek's  Mil!  Creek,  on  Tar  River,  in  Beaufort  County  ;  and 
■whereas  the  Tax  laid  and  colktiled  in  the  faid  fevcral  Counties,  for  defraying  the 
Charge  of  running  the  faid  Boundary  Lines,  is  iound  infufficient  for  carrying  oa 
the  fame  : 

II.  W  E  therefore  pray  it  may  be  Ehatfied,  And  be  it  EnaSled^  by  his  Excellency  CowimJ/Rown 
Gabriel  Johnfton,  Eff\  Governor^  by  and  with  the  Advice  and  Confent  of  bis  Ma-  *^^°"""'* 
jefiy's  Council^  and  General  y^fjembly  cf  this  Province,  and  it  is  hereby  Ena^ed,  by 
the   Authority   of   the  fame.    That  Mr.  Jofeph  Howell,   and  Mr.  Jofepb  Lane^ 
be  and  are  hereby  appoin'-Led  Comniinioneis,  for  linifhing  the   faid  Line  between 
Part  of  Edgcomb^  Beaufort,  and  Johnfion  Counties,  already  begun  and  carried  on 
to   the  Mouth   of  Cheek's  Mill   Creek,  \n  Beaufort  County,  on  Tar  Rirer,  and 
from  thence  fhall  run,  v/itK  a  ftrait  Line  to  Contentnee,  at  the  Mouth  of  Tofneat        >  - 
Swamp,  and  thence  up  the  main  Stream  of  Contentnee,  oppofite  to  the  Mouth  of 
Cyprus  Swamp,  on  T"^?-  Kiver  ;  which  faid  Line,  when   run  by  the  Commiffion- 
ers   aforefaid,    fhall   be   by   them    entered  on  Record,  in  the  Court  of  Edgcomb 
County  aforefaid,  and  fhall  htrcatter  be  deemed  and  taken  to  be  the  true  Bounds 
of  the  faid  County. 
.f    ,    ,.,    '    _ 

HI.  AND  for  defraying  the  Expcncc  of  continuing  the  running  the  faid  "^f '" ''  '"'^  *'' 
boundary  'Lines,  Be  it  Enabled,  by  the  Authority  aforefaid.  That  it  Ihall  and  may  pence! '  * 
be  lawful  for  the  Juftices  of  the  faid  County  Court  of  Edgcomb,  and  they  are 
hereby  authorizcrd  and  impowcred,  to  lay  a  Tax  on  all  the  Taxable  Perlons  with- 
in the  faid  County,  not  exceeding  Three  Pence,  Proclamation  Money,  for  de- 
fraying the  Expence  of  finifhing  the  faid  Line,  and  recording  the  fame  as  afore- 
faid ;  which  faid  Tax  fhall  be  paid  and  colleded  in  the  fame  Manner,  and  at  the 
lame  Times,  other  Taxes  are  collt(5ted  and  paid  in  the  faid  County. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  ^*P*'^^"«c'*»^^' 
every.  Claufe  and  Claufes  of  the  A<ii,  intituled.  An  A6i,  for  afcertaining  the 
boundary  LineJ>etween  Tyrell  County,  and  Beaufort  County,  and  between  Edgcomb 
County,  TyrdT  County^  and  Beaufort  County,  fo  far  as  relates  to  running  the  boun- 
dary L  ine  between  Edgcomb  County,  and  Beaufort  County,  is  and  are  hereby 
repealed  and  made  void,  as  if  the  f^me  had  never  been  made. 


CHAP.     VI, 

jln  A51,  for  defiroying  Vermin  in  this  Province, 

I-  "D  ^ ''  EnaSledy  by  his  Excellency  Gabriel  Johnfion,  Efq\  Governor,  by  and 

X)  w//^  the  Advice  and  Confent  of  his  Majejly's  Council,  and  General  Affembly 

of  tiais  Erovince^  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Rati- 

U  u  u  fication 


262  LAWS    ^North-Carolina. 


A  D.  1745.    fication  of  this  Aft,  any  Perfon  or  Perfons  that  Ihall  kill  any  of  the  Vermin  here- 
<^— ^.— >  ^^j.^^  mentioned,  fhall  be  intituled  to  a  Claim  upon  the  Pariili  where  fuch  Vermin 
venmn  int'iluUa  w'as  killed,  the  feveral  Rewards  as  follow,  viz.     For  every  Panther,  Ten  Shil- 
t»aK.£wstd.       lingsj  Proclamation  Money  i  for  every  Wolf,  Ten  Shillings,  Proclamation  Mo- 
ney ;  and  for  every  Wild-Cat,  Two  Shillings  and  Six  Pence,  Proclamation  Mo-" 
rtey  i  to  be  levied  and  recovered  as  by  this  Act  (hall  be  direded- 

certificate  how  11-  AND  be  it  further  Ena5ledi  by  the  Authority  aforefaid.  That  any  Perforf 
w  U  procttr«d.  ot  Perfons,  who  fliall  have  a  Claim  for  killing  any  of  the  aforefaid  Vermin,  are 
hereby  ordered  to  produce  the  Head  or  Scalp,  with  both  Ears,  before  any  Ma- 
giftrate,  who  is  to  adminifter  an  Oath  to  fuch  Perfon  claiming  the  fame.  That  it 
was  taken  and  kiHed  v/ithin  the  Bounds  of  fuch  Parilh  where  fuch  Claim  is  defircd 
to  be  paid  •,  and  if  it  be  a  Servant,  Slave,  or  Indian^  that  fhall  kill  any  fuch 
Vermin,  of  wkich  the  Head  or  Scalp  fliall  be  produced,  as  aforefaid,  the  Mafter 
or  Owner  of  fuch  Servant  or  Slave,  or  he  that  makes  Claim  for  fuch  Scalp  or 
Scalps,  in  Behalf  of  an  Indian,  fhall  make  Oath,  before  fuch  Magiftrate,  that  he 
,verily  believes  the  fame  was  taken  and  killed  v/ithin  the  Parifh  where  the  Rev/ard 
js  claimed  :  Which  Oath  being  adminiftered  to  the  Perfon  who  makes  the  Claim, 
the  faid  Magiftrate  is  hereby  dii*e6ted  to  give  the  faid  Perfon  a  Certificate,  in 
Words  at  Length,  for  the  fame,  which  done,  the  faid  Magiftrate  fhall  imme- 
diately caufe  the  Plead  or  Scalp  to  be  deftroyed,  by  burning  the  fame. 

perfonj  hsvmg  JH.  A  N  B  hc  it  further  EnaSied^  by  the  Authority  aforefaid^  That  any  Per- 
SvfrXm  to  fon  or  Perfons,  baving  a  Certificate  trom  any  Magiftrate  within  the  Parilh,  for 
the  Veftry  once  a  jvji^jj^g  afj(-|  Joining  any  of  the  Vermin  aforefaid,  Ihall  deliver  the  fame  to  the 
^''"'  Veftry  and   Churchwardens  where   fuch  Cerdficate  from  the  Magiftrate  was  ob- 

tained •,  which  faid  Cerdficate  Ihall  be  delivered  to  fuch  Veftry  and  Churchwar- 
dens, Yearly,  on  Eafter- Monday^  in  every  Pariflh  within  this  Province  :  And 
M.giftn.est.  foch  Magiftrate  fliall  keep  a  Lift"'of  each  and  every  Certificate  by  him  given  as 
keep  a  Lift  of  all  aforcfald,  in  which  he  fliall  inftrt  the  Perfons  Name,  the  Time  wheln,  and  the 
S£ttUm"o  Number  of  Scalps  fuch  Certificate  was  given  for,  and  fliall  tranfmit  fuch  Lift  to 
»u  Veftry.  tlic  Veftry  and  Churchwardens,  at  the  Time  herein  before- mentioned  forgiving 
in  the  faid  Certificates. 

Veftty  to  lay  a      jry    A  N  B  be  it  further  Enafied,  by  the  Authority  aforefaid.  That  the  feveral 

culm.!"  '"^^^  Veftries  and  Churchwardens  in  every   Parifli,  are  hereby  required,  authorized, 

and  impov/ered,  to   levy  the  faid  Claims  on  the   feveral  Taxables  within  each 

Parifh,  in  Proclamation  Money,  or  the  rated  Commodities,  as  other  Parilh  Dues 

v/ithin  this  Province  have  heretofore  been. 

juAien.iWert        y^  AND  be  it  Enabled,  Tlvit  the  Juftice  or  Juftices  giving  Certificates,-  and 
-opir  cnt.        j^.£Vj.Qyij^g  ^.^^e  fields  3nd  Scalps  of  Vermin, '  as  is  by  this  Adt  direded,  fliall  have 
and  receive,  for  their  Trouble  therein.  Ten  per  Cent,    paid  to  thenv  out   of  the 
Premium  granted  to  Perfons  for  killing  of  Vermin,  at  the  Time  that  the  Premi- 
um is  paid  to  Perfons  claiming,  by  Virtue  of  this  Adt. 

Pen.  ty  on  Vef-  Yl  A  N  D  it  IS  hereby  further  Enacted,  That  if  the  Veftry  or  Churchwardens, 
n7;iE;"!.etr  Juftice  of  the  Peace,  or  Conftable,.  fliall  negleft  or  refufe  to  execute  and  difcharge. 
^•'j'-  the  feveral  Trufts  and  Powers  to  them,  or  either  of  them,  by  this  Ad  given, 

that  he  or  they  fo  neglefting  or  refufing,  fhall  forfeit  and  pay  the  Sum  of  Five 
Pounds,  Proclamation  Money,  to  him  or  them  that  fhall  inform  or  fue  for  the 
fame;  to  be  recovered  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any 
Court  of  Record  in  this  Government,  wherein  no  EfiToign,  Protection,  or  Wager 
of  Law,  fliall  be  allowed  or  admitted  of. 

CHAR 


LAWS   £^  North -Carolina.  263 


A.  D.    1748. 


CHAP,    vii.  ^-^rz 

An  A5i^  to  e?iJarge  the  I'ime  for  the  Commijioners  of  the  Roads,  appointed 
by  the  A^  of  Afembly  pajjed  April  the  Twentieth,  One  Thoufand  Seven 
Hundred  aad  Forty  Five,  intituled.  An  Ad:,  to  impower  the  feveral 
Commiffioners  herein  after-named,  to  make,  mend,  and  repair  all 
Roads  and  Bridges,  Cuts  and  Water-Courfcs,  already  laid  out,  or 
hereafter  to  be  laid  out,  in  the  feveral  Counties  and  Diftrids  herein 
after-appointed,  in  fuch  Manner  as  they  judge  moft  ufefiil  to  the 
Public,  to  recover  the  feveral  Sums  due  from  Defaulters. 

I-TTTHEREAS  the  Time  by  the  "faid  Ad,  for  the  Commifllonerscal-  Prsaatte. 

VV  ^^"S  before  them  fuch  as  they  fhould  fufped  were  Defaulters,  and  for 
proceeding  againft  fuch,  was  in  the  faid  Ad  limited  to  three  Months,  from  the 
Ratification  thertof  •,  which  Time  was  fo  fhort,  that  the  feveral  Commiflioners 
could  not  procure  Copies  of  the  Ad  within  the  Time  limited  :  Wherefore, 

II.  B  E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  Efq^,  Governcr,  by  and  '^^rn\aonm 
tvith  the  Mvice  and  Confent  of  his  Majejifs  Council,  and  General  Affembly  of  this  ^Z&'ikh    ' 


ultcra 


Province,  and  :t  is  ha-eby  Enacted,  by  the  Authority  of  the  fame.  That  the  fe-  ''"^'°  ^*  **«'°- 
veral  ComniifTjontrs  in  the  faid  Ad  mentioned,  fhall  have  full  Power  and  Au- 
thority to  proceed  againft  all  fuch  Perfons  as  they  fhall  fufpcd  are  Defaulters,  in 
the  fame  Manner  as  by  the  faid  Ad  is  direded,  at  any  Time  within  the  Space  of 
Eighteen  Months,  from  the  Ratification  of  this  Ad,  as  fully  and  amply,  as  if 
the  fame  Eighteen  Months  had  been  inferted  in  the  faid  Ad. 


CHAP.    Vll. 

An  A51,  fo  provide  indifferent  Jurymen  in  all  Caufes,  both  Civil  and  Cri- 
minal, and  for  an  Allowance  for  their  Attendance, 

I-  'T^  HAT  indifferent  Jurors,  in   all  Courts  of  Judicature  within  this  Pro-  I'reamtie. 

X     vince,    for  all  Tryals  hereafter,  may  be  had,  and  that  the  Charge  and 
Expcnce  of  their  A.ttendance  may  be  equally  borne  : 

II.  WE   pray  that  ij  may  be  Enaded,  And  he  it  Enacted,  by  his  Excellency  NoPerf.n  tote 
Gabriel  Johnfton,  Efq;  Covcrncr,  by  and  with  the  Advice  and  Confent  of  his  Ma-  LSTrT'u? 

jefiy'i  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  fi"^  by  this'^Aftl 
the  Authcrity  of  the  fame.  That  from  and  after  the  laft  Day  of  May  next,  after 
the  Ratification  of  this  Ad,  no  Perfon  fhall  be  a  Juryman  in  the  General  Court, 
Court  of  Aflize,  Court  of  Oyer  and  Terminer^  and  General  Goal  Delivery,' 
within  this  Province,  but  fuch  who  are  elcded,  fummoned,  and  returned,  ac* 
•  cording  to  the  Diredions  of  this  Ad  -,  and  if  any  other  Perfon  or  Perfons  fhall  be 
fummoned  to  ferve  as  a  Juryman,  and  returned  to  the  General  Court,  Court  of 
Aflize,  Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,  of  this  Pro- 
vince, it  Ihall  be  good  Challenge  for  either  Party,  and  the  Perfon  fo  returned, 
ihall  be  difcharged  upon  the  faid  Challenge.     ■ 

III.  All D  be  it  further  Enacted,  by  the  Authcrity  aforefaid^  That  once   in  !'"■>'««"  ^owte 
Six  Months,  at  each  and  every  County  Court  within   this  Province,  next  after  ''^  ^'"''"'"^• 
the  firft   Day  of  January,  and  the  firft  Day  of  Jidy  Yearly,  in  open  Court,  the 

Juftices  of  each  and  every  County  Court,  together  with  the  then  Grand-Jury, 

Ihall 


264  L  A  IV  S    of  North-Carolina. 

A-  D  1748  f)iaii  eicjSt  and  choofe  Twelve  knowing  lubftantial  irceholders  of  the  feverai 
C- — ^ — -^  Counties,  (except  thofe  Counties  where  tae  General  Court,  Court  of  Aflize,  Court 
of  Oyer  and  'Terminer^  and  General  Goal  Delivery,  (hall  fit,)  where  the  JufticeS 
fjiall  choofe  Twenty  Four  Freeholders,  as  aforefaid,  to  be  returned  to  ferve  as 
Jurors,  at  the  next  General  Court,  Court  of  Affize,  Court  of  Oyer  and  Terminer, 
and  General  Goal  Delivery,  to  which,  by  the  Law  that  is  now  in  Force,  or  here- 
after may  be  in  Force,  they  ought  to  attend. 

Lift  of 'rr?ihoi'      ^^    AND  he  it  further  Enacted^  That  immediately  after  (uch  Choice  or 
4tn  tiefted  to  Election,    as  aforefaid,  the  Clerk  of  each  and  every  County  Court,  fhall  make 
the  Sheriff.        j^vit  an  attefted  L-ift  of  luch  Freeholders  as  fhall  be  clefted  or  chofcn,  as  aforefaid, 
and  deliver  the  fame  to  the  Sheriff  of  his  County. 

V.  J  N  D  be  it  further  Enacted,  That  the  ShtrifF  of  each  and  every  Coun- 
»on  them  t9  at-  ty  within  this  Province,  ftiall  fiimmon  the  faid  Twenty  Four  Freeholders  {o 
*'^"''-  elected,    of  fuch  County  where  the  General  CoOrt,  Court  6f  AfBze,  Court  of 

Oyer  and  'Terminer,  and  General  Goat  Delivery,  fhall  be  held,~  and  the  faid 
Twelve  Freeholders  of  the  feverai  other  Counties,  eleded  as  aforefaid,  mentioned 
in  the  faid  Lift  to  ferve  as  Jurors  for  the  next  Gei^eral  Court,"  Court  of  Afllze, 
Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,  as  by  his  Writ  helhali' 
be  commanded,  and  no  other. 

Venire  mt  to  if-  VI.  AND  he  it  Enacted  by  the  Authority  Aforefaid,  That  no  Venire  or 
irjtoT.?*"""  Venires  fhall  iffue  hereafter,  for  more  than  Twelve  Perfons  out  of  each  of  the 
feverai  and  refpe(5live  Counties  to  ftrve  as  Jurors,  (except  as  is  herein  before 
excepted) ;  That  is  to  fay.  Six  on  the  Petit,  and  Six  on  the  Grand-Jury,  at  the 
General'  Court,  Court  of  Aflize,  Coutt  of  Oyer  and  Terminer^  and  General  Goal 
Delivery. 

Penalty  OB  jiirori  Vll.  A  N  D  he  tt  furthcr  Enc.cted,  That  each  arid  every  Perfon,  qualified*  ag 
TbSrK  a  Juror  to  ferve  by  Virtue  of  this  Aft^  which  fhall  be  duly  chofen,  fummoned, 
*'"'*••  and  returned,  and  doth  not  appear,  fhall  forfdit  and   pay  Thirty  Shillings,  Pro- 

clamation Money  •,  or  after  Appearance,  fhall  abfent  themfelves  from  the  faid 
Court,  before  the  Court  fhall  difcharge  them,  fhall  forfeit  and  pay  fuch  Fine  as 
the  Court  fhall  impofe,  not"  exceeding  Five  Pounds,  Proclamation  Money ;  to 
be  levied  by  the  Sheriff,  by  Order  of  fuch  Court,  and  paid  to  the  Juftices  of  the 
County  where  fuch  Defaulter  inhabits  5  to  be  applied  towards  paying  fuch  Jury- 
men as  fhall  attend  -,  and  no  Jurymens  IfTues  making  Default  fhall  be  favcd,  but 
byfpeciai  Order  of  fuch  Court,  or  fome  juft  and  reafonable  Caufe,  proved  upon 
Oath,  and  certified  the  next  fuccceding  Court  •,  and  no  Man  fhall  be  taken  to  be 
duly  famrnoned  which'  hath  not  been  fummoned  at  leaft  Ten  Days  before  the 
Day  before  he  ought  to  appear  ;  and  every  Perfon  fliall  be  deemed  duly  fum  • 
2"su«mo7/ '  moned,  where  a  Note  fhall  be  left  at  Icaft  Ten  Days  before  the  Sitting  of  fuch 
Court  to  which  he  ought- to  appear,  at  his  refpe6tivc  Dwelling,  aitho'  fuch  Per- 
fon fhall  not  be  perfonally  fummoned. 

jiirM.  hew  to  b«  VIII.  AN  D  be  it  further  Enacted^  hy  the  Authority  aforefaid.  That  at  the 
itawn.  Opening  of  every  General  Court,  Court  of  AfTize,  Court  of  Oyer  and  Terminer, 

and  General  Goal  Dehvcry,^  after  the  Names  of  thePerfons  fummoned  fhail  be 
called  over,  and  their  Appearance  or  Negletft  entered,  and  in  Cafe  above  Twelve 
do  appear,  the  Court,  at  each  and  every  Tryal,  at  the  Bar,  fliall  call  a  Child, 
under  Ten  Years  of  Age,  in  open  Court,  to  draw  out  of  a  Box,  for  that  Pur- 
pofe.  Twelve  of  the  Names  of  thofe  that  fliall  make  their  Appearance  •,  and 
thofe  Perfons  only  fhall  be  the  Jury,-  to  ferve  upon  that  Tryal. 

IX.  PRO 


LA   JV  S     of    North-  C  a  r  o  l  i  n  a.  265 

A.  D.    1748. 


— v^- 


IX.  PROVIDED  alxvaysy  That  if  any  of  the  Jurors,  for  Reafons  accord-  ^.  ^j^^,^ 
Ing  to  Law,  flidU  be  challenged,  then  the  Court  Ihall  caufc  their  Places  to  be  ilnged  j^ror/w 
filled  up  out  of  fome  of  the  others  that  made  their  Appearance,  to  be  eleded  by  ^  '■''fp"^''- 
Lot,  as  before  is  appointed. 

X.  P  ROVID  ED  alfo.  That  for  Want  of  a  fufRcient  Number  of  Jurors  ^^^^^.,^  ^^  ^^^^ 
appearing  to  fervc  as  aforefaid,  it  fhall  and  may  be  lawful  for  the  Chief  Juilice  ml'nBy-ft'anderj* 
and  Judges  of  fuch  General  Court,  Court  of  Aflize,  Court  of  Oyer  and  Termitict^  °;;j°"-  ^l^^^J 
and  General  Goal  Delivery,  to  order  the  Sheriff  to  fummons  fuch  indifferent 
Jurymen  as  he  poffible  can,  out  of  any  of  the  Freeholders  that  fhall  be  at  fuch 

Court;  which  laid  Freeholders  fo  fuinmoned  by  fuch" Sherifs,  fliall  be  deemed 
and  held  to  be  fuiFicicnt  Juror  or  Jurors,  as  thofe  eleded  and  chofen  by  Virtue 
of  this  Ad,  could  have  been,  had  they  appeared:  Any  thing  before  recited  in 
this  A(5t;,  notwitlilhnding. 

V  XI.  AND  he  it  further  Ena£fed^  hy  the  Authority  aforefaid^  That  the  feveral  TnJg.,  Juft;«:«, 

^erifs,  and  every   rcfpeftive  Judge  or  Juftice  of  the  General  Court,  Court  of  £"fw,Vn*'f.r '* 

AlTize,  Court  of  Oyer  and  terminer.,  and  General  Goal  Delivery,  fhall,  on  or  the  PaTormnnce 

before  the  Conclufion  of  the  next  General  Court,  Court  of  AfTize,  Court  of  Oyer  °*  '*''''  ^^^'*' 

and  Terminer^  and  General  Goal  Delivery,  after  thelaft  Day   of  May,  fwear,  in 

open  Court,  That  he  will,  as  far  as  he  may  or  can,  either  by  his  Knowledo-e,  or 

Iiiformation,    follow^    obkrve,    and  keep  the  Rules,    Methods^    Mann*?,  and 

y^ay  of  chooflng  of  Jurymen,  for  each  General  Court,  Court  of  AfTize;  Court 

of  Oyer  and  Terminer,  and  General  Goal  Delivery^  to  be  holdtn  in  this  Province 

according  to  the  true  Intent  and  Meaning  of  this  Aft  ;  and  every  juilice.  Judge' 

or  Sheriff,  who  Ihall  hereafter  be  appointed,  fliall  take  the  fame  Oath,  before  he 

execute  any  Part  of  this  Office  :  And  every  Judge,  Juftice,  Sheriff,  Officer,  or  p.„,u,fo.Ne8. 

Mmilter,  who  fhall  negleft  or  refufe  to  take  fuch  Oath,  as  aforefaid,  fhall,  for  i-^ft"  RefufaL 

each  Default,    forfeit  and    pay  Twenty  Pounds,    Proclamation   Money-,    One 

Moiety  thereof  to  him  or  them  that  fhall   fue  for  the  fame,  the  other  for  the 

Ufe  of  the  Public,  to  be  difpofed  of  as  the  General  AfTembly  fhall  think  fit;  to 

be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  'this 

Province,  wherein  no  Injundion,  Protedion,  or  Wager  of  Law,  fliall  be  allowed 

or  admitted  ot.; 

XII.  AND  whereas  the  attending  the  denefal  tourt.  Court  of  AfTize    Court  Allowance  to 
bf.  Oyer  and  terminer,  and  General  Goal  Delivery,  will  be  very  expenfive  to  the  \Z^c.^^\^"^ 
Jurors  fo  attending,  for  Remedy  whereof;  Be  it  Enabled,  by  the  Authority  afore-  '^°""'  *'* 
faid.  That  each  and  every  Juror,  at  the  General  Court,  Court  of  AfTjze,  Court 

of  Oyer  and  Terminer,  and  General  Goal  Delivery,  upon  producing  a  Certificate 
from  the  Clerk  of  fuch  Court,  of  the  Time  of  his  Attendance,  (which  Certificate 
the  Clerk  is  hereby  direded  to  give,  if  required,)  unto  the  Court  of  the  County 
where  he  rcfides,  he  fhall  have  and  receive  Three  Shillings,  Proclamation  Mo- 
ney for  each  Day  s  Attendance,  (and  his  Ferriages,)  certified  as  aforefaid,  to  be 
paid  by  the  Juftices  of  fuch  Court,_  out  of  the  County  Tax  ;  and  the  Juftices  of  " 
every  County  Court,  are  hereby  required  and  direded,  to  lay  a  Levy,  fufHcient 
fo  difcharge  the  fame,  on  all  the  Taxables  in  their  refpedive  Counties,  to  be 
paid  and  coileded  at  the  fame  Times,  and  in  the  fame  Manner,  as  other  Coun- 
ty Taxes  by  Law  now  are  paid  and  coileded. 

XIII.  AND  .he  it  further  \Ena5fed,    That  every  Ad  and  Ads,  and  every  R^ingcudt, 
Article  and  Claufe  therein,  as  mtichas  relates  to  the  providing  of  indifferent  Ju- 

rymen  in  all  Caufes,  Civil  and  Criminal,  within  the  Purveiw  of  this  Act,  are  hereby 
repealed. arid  ihade  void,  as  if  the  fame  had  never  been  made. 

X  X  X  CHAP. 


266 


L  A  ly  S    cf    North-Carolina. 


A.  B     1748. 


yttKnic. 


C9R(  wIiM  htl  J. 


Rj^^iit^lxgCUafe. 


CHAP.     IX. 

An  ASl^  to  alter  the  Timss  for  holding  the  Courts  for  the  County  of 

New-Hanover. 

L  TTTHEREA  S  Two  of  the  County  Courts  -which  are  held  for  the 
W    County  of  New-Hanover ^  in  each  Year,  fail  out  on  the  fame  Days  the 
General  Courts  of  this  Province  are  held,  at  Nswbern ; 

II.  W  E  therefore  pray  it  may  be  Ena(5lcd,  Jnd  he  it  Enacted,  by  his  Excellency 
Gabriel  Johnfton,  Efa;  Governor,  ly  and  with  the  Advice  and  Confent  of  his  Ma~ 
jcftfs  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fam^,  '1  hat  after  the  Tenth  Day  of  April,  next  after  the 
Ratification  of  this  A  61,  the  feveral  County  Courts  hereafter  to  be  held  for  the 
County  of  New-Hanover,  (hall  be  held  on  the  laft  Tuefdays  in  February,  May^ 
Auguft,  and  November,  Yearly  ;  and  all  Continuances  and  References  ordered  in 
the  Court  held  for  the  faid  County  on  the  Second  T'uefday  in  March  paft,  Ihali 
be  continued  over,  and  all  Procefs  returnable  to  the  Second  Tuefday  in  June  next, 
fiiall  be  returned  to  the  Court  to  be  held  for  the  faid  County  on  the  laft  ^uefdaj 
in  May  next,  and  iliali  not  be  Error  in  the  Procefs  or  Proceedings  aforefaid. 

III.  ^ND  be  it  further  Enafled,  That  the  Claufe  in  the  Aft  intituled,  Ati 
Act,  for  erecting  the  Village  called  Newton,  in  New-Hanover  County,  into  a 
Tofvn  and  Totvnjhip,  by  the  Name  of  Wilmington^  and  all  and  every  Claufe  and 
Claufes  in  ar^y  other  Ad  or  Ads,  fo  far  as  relate  to  the  Time  of  holding  the 
Courts  for  the  faid  County,  ii  and  are  hereby  repealed  and  made  void. 


?Mi«ilIe. 


C  H  A  P.    X. 

An  ASi,  for  gr Anting  isnfo  bis  Majefty  the  Sum  of  twenty  One  Tboufand 
Three  Hundred  and  Fifty  Pounces,  Proclamation  Money,  and  for  /lamp- 
ing and  emitting  the  faid  Sum  of  Twenty  One  Tboufand  Three  Hundred 
and  Fifty  Pounds,  Public  Bills  ef  Credit  of  this  Province,  at  tbe^  Rats 
of  Proclamation  Money ;  to  he  applied  towards  building  Fortifications  in 
/his  Province,  Payment  of  the  Public  Debts,  exchanging  the  prefent 
Bills  of  Credit,  and  for  making  proper  Provifon  for  defraying  the 
tontingent  Charges  of  the  G&vernment ;  and  for  repealing  the  feveral 
LatJus  herein  after  mentioned- 


I, 


w 


H  E  R  E  A  S,  during  the  prefent  War  With  Franee  and  Spain,  thb 
w  Y  Province  hath  received  great  Damage,  by  the  Enemies  Frivateerfi 
«oming  into  the  Ports  and  Harbours  of  the  fame,  which  are  intirely  defencelefa 
and  without  any  Fortifications,  and  taking  and  carrying  away  the  Veffels  there- 
out, and  landing,  and  plundering  the  Inhabitants  :  And  whereas  the  great  Scar- 
city of  Currency  is  fuch,  that  it  is  imprafticable  to  raifc  a  Sum  by  an  immediate 
Tax  on  the  People,  fufficient  for  building  proper  Fortifications,  for  the  Defence 
of  the  faid  Ports,  and  to  difchargc  the  Public  Debts  :  Wherefore, 

ir.  W  E  pray  that  it  may  be  Enacted,  And  be  it  Enacted,  by  his  Excellefuy 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  bis  Ma- 
jtfifs  CottnclU  ^Jfd  Genernl  Affsmh^   of  this  Pravinct,   and  it   is  hereby  Enacted, 


L    A   W   S      of     N  O  R  T  H-  C  A  R  O  L  IN  A.  267 

by  the  Auihoritj   of  ih:  favij,  Thac  out  of  the  Current  Bills  of  Credit  to  be  emit-  .^-  ^-  '748- 
ted  by   this  Act,  the  Sum  of  Two  Thouiand  Pounds  fhall  be  depofited  by  the  *■     "J'v        ' 
faid  Comminioners,  in  the  Hands   of  lb  etnas  Barker^  Gentleman,  Treafurer  for  paiTtheNor^ 
the  Nortksrn  Counties,  or  the  Treafurer  for  the  Hid  Counties  for  the  Time  being,  iJ^"  FoSficIu* 
for  the  building  a  Fortification  at  or  near  Ocacock  Inlet,  for  the  Safety  and  De-  onato.t^cwA 
fence  of  that  l^Iarbour -,  and  the  Commiilicners  hereafter  named  (hall  have  fulP"'"'- 
Power  and  Authority  to  build  the  faid  fortification,  and  by  Warrant  under  their 
Hands,  or  the  Hands  of  the  major  Part  of  them, -to  drav/,  from  Time  to  Time, 
out  of  the  Hands  of  the  faid  Treafurer,  iuch  Sum  or- Sums  of  Money  as  Ihall  be- 
come due  to   the  feveral  Workmen  employed  by  them  in  building  the  faid  For- 
tification ;  and  the  faid  Treafurer  is  hereby  required,  on  fuch  Warrant  or  War- 
rants being  produced  to  him,  to  pay  the  fame  accordingly. 

III.  AND  he  it  further  E^aiJed,    That  His  Excellency  the  Governor  and  Comn,i«onert 
Commander  in  Cliief  for  the  I'ime  being,  Mr.  Benjamin  Peyton^  Mr.  Samud  ''^^^^\^^\^^^ 
Sinclare^    Mr*.    Francis  Stringery  Mr.  James  Macklewean^  Mr.  John  Haywood^  Fort. 

knd  Mr.  Peter  Payne ^  be,  and  are  hereby  appointed  Commiffioners,  for  ereding 
and  building  the  faid  Fortification. 

IV.  A  N  D    he  it  further    Ena^fcd^  hy    the  Authonty    aforefaid^    That  the  i,'oo!.  for  a 
Sum   of  One  Thoufand   Five  Hundred  Pounds  fhall  be  depofited   by  the  faid  t^S^.u' 
CommiflTioners  in  the  Hands  o^  Edzvard  Mofeley^  Efq;  Treafurer  for  the  Southern 
Counties,  or  the  Treafurer  of  the  faid  Counties   for  the  Time  being  j  for  the 
building  a  Fortification  or  Fortifications  at  of  near  Old  Top-Sail  Inlet,  for  the 

Safety  and  Defence  of  that  Harbour  -,  and  the  Commiflioners  hereafter  nameci 
ihall  have  fall  Power  and  Authority  to  build  the  faid  Fortification  or  Fortifica- 
tions, and,  by  Warrant  under  their  Haads,  or  the  Hands  of  the  major  Part  of 
them,  to  draw,  from  Time  to  Time,  out  of  the  Hands  of  the  faid  Treafurer, 
fuch  Sum  or  Sums  of  Money  as  Ihall  become  due  to  the  feveral  Workmen  em- 
ployed by  them,  in  building  the  faid  Fortification  or  Fortifications  \  and  the  faid 
Treafurer  is  hereby  required,  on  . fuch  Warrant  or  Warrants  being  produced  to 
him,  to  pay  the  fame  accordingly, 

V.  AND  he  it  further  Etiaoledt    That  His  Excellency  the  Governor  and  Ccmmiffioner. 
Commander  in   Chief   for  the  Time  beings  Mr.  Thomas  Lovicky  Mr.  Arthur  '??"'""'*  ^'"  "' 
Mabfony  Mr.  John  CUtherali,  and  Mr.  Jofeph  Bell,  be,  and  are  hereby  appointed 
Commiffioners  for  erecting  and  building  the  faid  Fortification  or  Fortifications. 

VI.  AND  he  it  further  Ena^ed;  hy   the  Authority  aforefaid.  That  the  Sum  50^  1.  for  a  For*. 
of  Five  Hundred  Pounds   fiiall  be   depofited   by  the  faid  Commiflioners,  in  the  "  *"'  ^"^"' 

■  Hands  of  the  Treafurer  of  the  Southern  Counties  aforefaid,  or  the  Treafurer  of 
the  faid  Counties  for  the  Time  being,  for  the  building  a  Fortification  at  or  near 
Bear  Inlet,  for  the  Safety  and  Defence  of  that  Harbour;  and  the  Commiflioners 
liereafter  named,  fliall  have  full  Power  and  Authority  to  build  the  faid  Fortifica- 
tion, and,  by  Warrant  under  their  Hands,  or  the  Hands  of  the  major  Part  of 
them,  to  draw,  from  Time  to  Time,  out  of  the  Hands  of  the  faid  Treafurer, 
fuch  Sum  or  Sums  of  Money  as  Ihall  become  due  to  the  feveral  W^orkmen  em- 
ployed by  them,  in  building  the  faid  Fortification ;  and  the  faid  Treafurer  is 
hereby  required,  on  fuch  Warrant  or  Warrants  being  produced  to  him,  to  pay 
the  fame  accordingly. 

VII.  AND   he  is  further  Enacted,  That  His  Excellency  the  Governor  and  commifl5on.ri 
Commander  in  Chief  ior    the  Time  being,  Mr.  Samuel  Johnfion,  Mr.  Edward  'PP°'"^'<*  ^"^^  •- 
Wardy  Jun.  Mr.  Stephen  Lety  and  Mr.  John  Starke)',  be,    and  are  hereby  ap- 
pointed Commiffioners,  for  erc^ing  and  building  the  faid  Fortification. 

VIIL  AND 


268  LA   W   5    of    North-Carolina. 

A.  D.    174S. 

\ ^ '      VIII.  JND  be  it  Enact edi  That  the  Sum  of  Two  Thou fand  Pounds  fhall 

ITo.lJrVar.'''^  be  depofited  by  the  faid  Commiflioners,  in  the  Hands  of  the  Treafurer  of  the 
Southern  Counties  aforefaid,  or  the  Treafurer  of  the  faid  Counties  tor  the  Time 
being,  for  the  building  a  Fortification  at  or  near  the  Mouth  of  Cape-Fear  Riverj 
for  the  Safety  and  Detence  of  that  Harbour  ;  and  that  the  Commiflioners  appoin- 
Commiflioners     ted  by  an  A6t  of  the  General  Afiembly,  intituled,  yin  Jtl,  fcr  ereiiing  a  Forti-^ 
appQinuJtokuiid^.^^^.^^^^  ^^^  /tfWfrP^r/  c/ Cape-Fear  i2mr, /^r  applying  thereto  the  Powder- 
Money   already  arifen,  or  which  Jhall  arife,  by  Shipping  camming  into  the  Port  of 
Brilnfwick,  to  be  /dyed  out  and  applyed  towards  building  a  Fortification  at  Cape- 
Fear,  fhall  have  full  Power   and  Authority,  by  Warrant  under  their  Hands,  or 
the  Hands  of  the  tnajor  Part  of  them,  to  draw,  from  Time  to  Time,  out  ot  the 
Hands  of  the  faid  Treafurer,  fuch  Sum  or  Sums  of  Money  as  fhall  be  due  to  the 
■     fcveral  Workmen  employed  by   them  in  building  the  faid  Fortification  \  and  the 
faid  Treafurer  is  hereby  required,  on  fuch  Warrant  or  Warrants  being  produced 
Treafurers  Ai-    to  him,  to  pay  the  fame  accordingly  :  And  the  faid  Treafurers  {hall  be  allowed 
i«w»D«.  Qj^g  ^^^  Q^^^  fQf  receiving  the   faid  Money,  and  paying  the  fame  out  again,  as 

aforefaid. 

IX.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Elcazer 
fppoirteTfor'e.  Allcn,  Edward  Mofely^  and  Saii^Uel  Swann,  Efqrs.  and  Mr.  John  Star  key,  arc 
mitting  21350 1.  ]^gj.j,^y  appointed,  authorized,  and  impowered  Commiflioners,  to  ftamp  and 
make  out,  or  caufed  to  be  ftamped,  with  Copper-plates,  and  figned  with  their 
Hands,  Public  Bills  of  Credit  of  this  Province^  to  the  Amount  ot  Twenty  One 
Thoufand  Three  Hundred  and  Fifty  Pounds,  at  the  Rate  of  Proclamation  Mo- 
ney;  That  is  to  fay,  Two  Thoufand  Bills  of  Four  Pence  each.  Two  Thoufand 
Bills  of  Eio-ht  Pence  each,  Tv/o  Thoufand  Bills  of  One  Shilling  each.  Two  Thou- 
fand of  Eighteen  Pence  each,  Two  Thoufand  of  Two  Shillings  each.  Two  Thou- 
fand of  Two  Shillings  and  Six  Pence  each.  Two  Thoufand  of  Three  Shillings 
each.  Two  Thoufand  of  Five  Shillings  each.  Two  Thoufand  of.  Six  Shillings 
each.  Two  Thoufand  of  Seven  Shillings  and  Six  Pence  each,  Two  Thoufand  of 
Nine  Shillings  each.  Two  Thoufand  of  Ten  Shillings  each,  Two  Thoufand  of 
Fifteen  Shillings  each,  Two  Thoufand  of  Twenty  Shillings  each.  Two  Thoufand 
of  Thirty  Shillings  each.  Two  Thoufand  of  Forty  Shillings  each,  and  Two 
Thoufand  of  Three  Pounds  each. 

Current  Biih  to  ^-  A  N  D  bs  H  Endctcd,  by  tioe  Authority  aforefaid^  That  when  the  aforefaid 
fee  exchanged,  Bills  are  ftampcd  and  figned,  the  Commiflioners  atorefaid  fhall,  within  Twelve 
vhiiiaaYear.  jyj^j^jj^g^  cxchangc  the  Bills  now  Current,  after  the  Rate  of  One  Shilling,  for  Se- 
ven Shillings  and  Six  Pence,  of  thofe  which  are  at  prefent  Current ;  which  Dif^ 
ference  of  "Seven  Shillings  and  Six  Pence,  for  One  Shilling,  Proclamation,  hath, 
continued  for  divers  Years  paft,  and  is  at  prefent  the  true  Difference ;  and  that 
after  the  Expiration  of  the  Twelve  Months  aforefaid,  the  prefent  Bills  of  Credit 
fhall  not  be  exchanged,  nor  fhall  be  a  Tender  or  taken  in  any  Payment 
whatfoever, 

fobiic  D-bts  to  XI.  AN  t> be  it  further  Enact td,  by  the  Authority  aforefaid^  that  out  of  the 
\t  pv,.i  by  the  reft  of  the  Paper  Currency,  to  be  ftamped  and  emitted  by  this  Ad,  the  feveral 
«.n:miffi.n«..  p^^.^^^^^  ^^  ^1^^^^  ^j^g  Y\M\c  IS  dcbtor,  according  to  the  Schedule  hereunto  annex- 
ed, fhall  be  paid  the  Sums  refpedively  due  to  them  by  the  Commiflioners  afore- 
faid, fo  foon  as  the  fame  may  be  conveniently  done,  after  the  Bills  by  this  Adl 
to  be  emitted,  fhall  be  ftamped  and  figned,  of  which  the  Commiflioners  afore- 
faid are  to  give  truly  and  proper  Notice,  by  Advertifements,  fet  up  at  the 
fereral  Court-houfes  in  this  Government,  that  they  will  attend  at  Netvbern,  td 
exchange  the  faid  Bills,  and  pay  off  the  Public  Debts,  during  the  Sitting  of  the 
Tw®  next  fucceeding  General  Courts,  after  fuch  Notice  fet  up  as  aforefaid. 

XII.  ANiy 


L  A   IV  S    o/'    North-Carolina.  269 

A.  D.    x-i%. 

XII.  ANB  he  it  further  Enacted^  by  the  Authority  afcrefudy  That  the  Bills  ^l"^'^~^ 
of  Credit  to  be  eniitced  by  this  Act,  iliail  be  current,  and  a  lawkil  Tender,  in  all  ti,is' Aa,"uwfi 
Payments  whatfoevcT,  as  Pfociamation  Money,  or  as  Slerhrig  Monty,  at  the  pro-  lender, 
per  Difference  there  is  between  Proclamation  Money  and  Sterling ;  taat  is  to  fay^ 
At  Four  ShiUings  Proclamation  Money,  lor  Three  Shillings  Sterling. 


XIII.  A  N I^  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  t'fnairy  on  ep»a. 
Perfon  or  Pcrfons  fliall  counterfeit,  alter,  or  erafe  ahy  of  the  Public  Bills  of  '"*"'"'• 
Credit  of  this  Province,  or  Ihall  aid  or  affift  in  counterfeiting,  altering,  or  erafing 

fuch  Bills,  or  ihail  utti:r  any  of  the  faid  Bills,  knowing  them  to  be  lb  counter- 
feited, altered,  or  erafcd,  fuch  Perfon  or  Perfons  fo  offending,  fhall,  for  the 
firft  Offence,  be  whipped,  at  the  Difcretion  of  the  Court,  not  exceeding  Forty 
L-ilhes,  and  ftarid  in  the  Pillory  Two  Hours,  and  have  both  Ears  nail'd  to  the 
Pillory  and  cut  off;  and  for  the  fecond  Offence,  be  deemed  a  Fellon,  without 
Benchu  of  Clergy,  and  ihall  be  adjudged  and  fuffer  accordingly,;. 

XIV.  AI4d  he  it  fkrther  EnaSfed,   by  the  Aiithority  afci'efaidy  That  after  Remaider  rf  th<! 
the  feveral  Sums  by  this  Ad  direfted  to  be  emitted  and  paid,  fhall  have  been  fet  ''^biic  Money 
apart  for  the  Purpofes  before  mentioned,  the  Refidue  and  Remainder  of  the  afore-  '*^"**"''*^'«*? 
Taid  Sum  of  Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  fhall  be 

and  remain  in  the  Cuftody  and  Keeping  of  Mr.  John  Carruthers,  in  Newbcrn,  in 
a  ftrong  Chcft,  v/ell  fecured  with  Iron,  with  Three  diftinft  Locks,  the  Key  of 
one  to  be  kept  by  the  Governor  for  the  Time  being,  another  by  the  Secretary  tor 
t\\t  Time  being,  the  thiid  by  the  Speaker  of  the  Affembly  for  the  Time  being,; 
fo  as  the  fame  Bills  of  Credit  may  be  always  ready  to  defray  the  contingent 
Charges  of  Government,  as  the  Governor,  Council,  and  General  Affembly,  Ihall 
dire(5l  v^and  the  fame  Cheft  ^all  not  be  opened  for  iffuing  the  Bills  of  Credit,  but 
in  the  Prefence  of  the  feveral  Perfons  with  whom  the  Keys  are  by  this  AQi  in- 
trufted,  unltfs  otherwife  ordered  and  direfled  by  the  General  Affembly* 

XV.  ANT)  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Sum  Tai  to  1,=  lair 
of  One  Shilling,  Proclamation  Money,  be  Annually  levied  on  every  Taxable  ^'''  ''"'^'"s  ^ 
Perfon  within  this  Province,  and  be  collefted  by  the  Sheriff  of  every  refpedive  ^'^''' 
County,  and  fhall  be  paid,  in  Gold,  Silver,  or  Bills  of  Credit,  on  or  before  the 

Firft  Day  of  March^  Yearly  ;  and  that  all  Perfons  negleding  to  pay  the  faid  Tax 
at  the  Time  by  Law  limited,  fhall  be  liable  to  fuch  Diftrefs  to   be  made  by   the 
Sheriff,  as  for  Non-Payment  of  other  Taxes ;  and  the  faid  Sheriff  of  each  and  sheriff  to  retur. 
every  County,  on  or  before  the  Tenth  Day  of  June^  Yearly^  fhall  return  a  Lift  =  ^'^  "'  T..xa. 
of  Taxables,  and  alfo  account,  upon  Oath,  and  pay  into  the  Hands  of  the  Pub-  w"h '"hVrrea"* 
lie  Treafurer  of  the  refpedivc  Counties,  all  fuch  Sums  of  Money  as  he  fhall  have  '^"'"'  ""^  ^^ 
received  by  Virtue  of  this  Adl,  under  the  Penalty  of  Two  Hundred  Pounds,  "^  *°°'* 
Proclamation  Money,  for  every  Default ;  which  faid  Penalty  fhall  be  recovered* 
by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  Supream  Court  of  this 
Province,  by  any  Perfon  who  fliall  fue  for  the  fame  %  wherein  no  Effoi^^n,  In- 
jundion,  Protedion,  or  V/ager  of  Law,  fhall  be  allowed  or  admitted  of-  the 
one  Moiety  to  him  or  them  who  fhall  fue  for  the  fame,  the  other  to  be  applied 
by  the  General  Affembly  of  this  Province  for  the  Ufe  the  Tax  by  this  Ad  is 
intended  :  And  the  faid  Affcmbi'y  fhall  caufe  the  faid  Bills  fo  paid  in,   to   ba 
Annually  burnt  and  deffroyed,  until  the  whole  Currency  fhall  be  funk. 

XVI.  AND  whereas  there  are  divers  confiderable  Sums  of  Loan  Money  due  Co»ntr  f^^im 
and  unpaid,  and  the  Power  of  the  Treafurers  to  make  Diftrefs  is  already  expired  •  "■"  *"  '"'''' 
^Therefore,  be  tt  EncMed,  That  the  feveral  and  refpedive  County  Treafurers,  thei?  ^Jl^l-,^^^ 
Heirs,   Executors,  or  Adminiftrators,  fhall,  and  are  hereby  impowered  and  au-  "'""^' 
*horized^  at  any  Time  hereafter,  to  make  Diftref*  of  all  GoocU  and  Chattels  of 

Y  y  y  Pcrfens 


270  L    A   JV  S      C/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

^i.  D.  1748.    x-'erfons  who  are  iiidtbtcd  for  any  Loan  Money,  or  for  V/ant  of  fucli  Goods  and 
w       ^  Chattels,  to  feize  and  difpofe   of  fuch  mortgaged  Lands,  in  order  to  difcharge 

fuch  Sum  or  Suras  due  and  in  Arrear  on  fuch  Mortgages  j  the  Expiration  of  any 
Law  to  the  contrary,    notwichftanding. 


Treafurcrs 


XVIL  ANB  be  it  further  EnaHedi  by  the  Authority  aforefaid.  That  the  feveral 
County  Treafurers,  their  Heirs,  Executors,  or  Adminiilrators,  Ihall  pay,  to  the 
Pubhc  Treafurer  of  the  refpedive  Counties  in  this  Province,  all  the  Bills  of  Cre- 
dit now  in  their  Hands,  or  which  herealter  fhall  be  by  them,  or  any  of  them,' 
refpedlively  received  ;  and  the  faid  Public  Treafurer  fliall  account  with,  and  pay- 
to  the  General  Afiembly,  all  fuch  Sums  of  Money  as  they  fhall  receive  in  Virtue 
hereof',  which  fnall  be  burnt  and  dcftroyed  :  And  the  Clerk  of  the  Affembly 
Ihall  keep  a  fair  Account  of  all  Monies  that  fhall,  from  Time  to.  Time,  be  paid 
in  and  burnt. 

„      .^       .        XVJII.  ANB  he  it  further  Ena^ed,  by  the  Authority  afore  faid.  That  the 

Commiflioners  to  1  •      1     r  •  1       n     11      1     r  1  1       t-' 

•irs  B'jnd.  CommiiTioners  herein  before  appomted,  fhall,  before  they  enter  upon  the  Execu- 

tion of  their  refpedtive  Offices,  give  in  Bond,  to  his  Excellency  the  Governor,  for 
the  Ufe  of  the  Public,  in  the  Sum  of  I'hree  Thoufand  Pounds,  Proclamation; 
Money,  each,  for  the  due  and  faithful  Execution  of  his  Office,  according  to  the 
true  Intent  and  Meaning  of  this  A6t. 

Their  Allowance       XIX.  ANB  be  it  Enc^ed,  by  the  Authority  aforefaid^  That  the  faid  Com - 
Money""'"^  ^^^  mifiioners  fliall  have  and  receive,^  for  their  ftamping,  exchanging,  and  paying 

out  the  faid  Bills  of  Credit,  the  Sum  of  Five  Hundred  Pounds,  Proclamation 

Money. 

Aci» repealed.  XX.  ANB  be  it  Em5fed^  That  the  x\6t,  intituled,  An  Act,  laying  a  "Tax  for 
finking  the  now  Current  Bills  of  Credit ;  and  alfo  the  A6t,  intituled.  An  Act,  for 
facilitating  the  Na'vigation  of  the  feveral  Ports  of  this  Province^  and  for  buoying 
and  beaconing  the  Channels  leading  from  Ocacock  to  Edenton,  Bath-Town,  and 
Newbern,  and  from  Tppfail  Inlet,  to  Beaufort-Town,  and  other  Ports  and  Inlets 
within  the  faid  Province,  herein  mentioned,  and  for  providing  fuffcient.  Pilots  fo'/ 
the  fafe  Conduct  of  Veffels  ;  and  alfo  the  Ad,  for  raif.ng  a  Public  Magazine  of 
Ammunition,  upon  the  'Tonage  of  all  Veffels  trading  to  this  Government  -,  and  every 
Claufe  and  Claufes,  Article  and  Articles  of  them  ;  and  alfo  the  Claufe  of  an  A6t, 
intituled.  An  Ad,  for  appointing  CommifHoners  to  revife  and  print  the  Laws  of 
this  Province,  and  for  granting  to  his  Majtlly,  for  defraying  the  Charge  thereof, 
a  Duty  on  Wine,  Rum,  and  diflilled  Liquors,  and  Rice  imported  into  this  Go- 
vernment, fo  far  as  it  relates  to  the  colleding  and  receiving  the  fiid  Duties  ori 
Wine,  Rum,  and  diftilled  Liquors,  be,  and  are  hereby  feverally  repealed,  and 
declared  void,  as  if  the  fame  had  never  been  made. 

S  I  G  N  E  D  by 

Gabriel  Joanston,  Efq;  Governor," 

Nathaniel  Rtce,  Prefident. 

Samuel  Swann,  Speaker^ 


Anno 


L  A  IV  S     e/'    Nor  T  H- Carol  IN  A.  271 


A.  D.    174?- 
V ^ ^ 


Anno  PvCgni 

II  n 


Regis,  Magu^e   Britamuie,  Francice,  &: 
Hibern'ui^y  Viceffimo  Secundi. 


At  a  Genentl  ASSEMBLY,  held  at  Nt^hern,  the  g  a  b  r  t « t 
Fifteenth  Day  of  Otioher^  in  the  Year  of  our  Lord  One  e%  c!,vJmx? 
Thoufand    Se^en  Hundred    and  Forty  Eight. 


e»mblf, 


CHAP,     I. 

An  A^y  to  appoint  a  ccnveniefit  Place  for  holding  the  County  Court  of 
Granville,  and  to  ifnpo'wer  the  Commijjioners  hereafter  named,  to  build 
a  Court-houfe^  Prifon,  and  Stocks  in  the  faid  County, 

I.  TT  7  HERE  AS  by  211  Ac%  intituled.  An  A^^  for  dividing  Edgcomb  p_ 

Vy  •  County  and  Partjh,  and  for  erecting  the  upper  Part  thereof  into  a  County 
and  Parifh,  by  the  Name  of  Granville  Ccunty^  and  St.  John's  Parifh^  and  for  ap- 
feinting  Vefirymen  of  the  faid  Parifh ;  amonglt  other  Things  it  was  Enadred, 
That  the  Jullices  of  tht  faid  Court,  or  the  Majority  of  them,  at  their  farft 
Meeting,  fhould  nominate  and  appoint  a  convenient  Place  within  the  faid  Coun- 
ty, to  build  a  Court- houfe,  Prifon,  and  Stocks;,  which  faid  Juilices,  being  thea 
unacquainted  with  the  Bounds  of  the  faid  County,  did,  by  Order  of  the  faid 
Court,  appoint  a  Place  whereon  to  build  a  Court-houfe,  Prifon,  and  Stocks  -, 
which  faid  Place,  upon  Examination,  is  found  to  be  within  Six  or  Seven  Miles 
of  the  Nonheaji  Corner  of  the  fud  County,  to  the  great  Incomodity  and  Detri- 
ment of  the  Inhabitants  of  the  faid  County  attending  the  faid  Court:  Vvhercfore, 

■_  II.  WE  pray  that  it  may  be  Enafted,"  and  he    it  Enacted,  by  his  Excellency  court->>oufe>c. 
'Gabriel  Johnfton,  Efq;   Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ^*'"=  "  ^^  «* 
jijiy's  Council,  and  General  /iffembly  of  this  Province,  and  it  is  hereby  Enacted,  "^*''* 
by  the  Aiithcrity  of  the  fame.  That  the  Court-houfe,  Prifon,  and  Stocks,  for 
the  faid  County  of  Granville^  fhall  be  eredtd  on  or  near  a  Branch  o^Tar  idvtr, 
comnionly  called  or  known  by  the  Name  of  Tabb'^  Creek. 

Ill,  AND 


2/2  LA   W   S    of    North-Carolina. 

'       ■■■'  ■■      -H 

A.  D.    1748. 

^— — V*— — -*  jji,  AND  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  Mr.  Wil' 
fppTjTud!"'"  A'^w  Eatoriy  Mr.  Edzvard  Jones,  and  Mr.  Jonathan  fVhite,  be,  and  they  are  here-^ 
by  appointed  Commiffioners,  to  make  Choice  of  a  fuitable  and  convenient  Place, 
at  or  near  the  faid  Creek,  for  the  erefting  and  building  thereon  a  Court-houfe, 
Prifon,  and  Stocks ;  and  alfo,  to  contract  and  agree  with  Workmen  to  build  the 
fame,  of  fuch  Dimenfiorts  as  to  them  lliali  feem  meet  and  convenient. 

Eipcnce  r>f  the  IV.  A  N  D  for  defraying  the  Expence  thereof.  Be  it  Enacted^  hy  the  Authority 
Buiidmg^  how  to  ^jr^jrgj-^j^_^  That  fo  much  of  the  I  ax,  laid  on  the  Inhabitants  of  the  faid  Count/ 
of  Granville^  by  the  above  recited  Aft,  not  already  coUefted,  and  paid  to  thd 
Commifiioners,  fhall,  by  the  Sheriff  of  the  faid  County^  be  colkfted,  and  by 
him  accounted  for,  and  paid,  to  the  faid  Commiluoners  in  this  Aft  mentioned 
and  appointed,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money,  and  by 
them  applied  for  and  towards  building  the  Court-houfe,  Prifon,  and  Stocks,  in 
this  Aft  mentioned  to  be  built. 


Old  Court-houfe  V.  AND  whcteas  the  Court-houfe,  Prifon,  and  Stocks,  ali-eady  begun  ta 
&c.  to  be  fold,  jjg  built,  will,  after  the  Court-houfe,  Prifon,  and  Stocks,  in  this  Aft  mentioned 
'*  to  be  built,  fhall  be  finifhed,  be  of  no  Service  to  the  faid  County  ;  'Therefore^  hi 
it  Enacted,  That  the  Commifiioners  herein  appointed,  fliall  have  full  Power  and 
Authority,  and  they  are  hereby  veiled  with  full  Power  and  Authority,  to  fell  and 
difpofe  of  the  faid  Court-houfe,  Prifon,  and  Stocks,  to  the  beft  Advantage ;  and 
the  Monies  arifmg  by  fuch  Sale,  fliall  be  by  them  applied  for  and  towatds  th^ 
building  the  Court-houfe,  Prifon,  and  Stocks^  at  Tabi/'s  Creek  aforefaidi 

olaufe  is  the  be-  ^I.  A  N  D  hc  it  Enacted,  by  the  Authority  aforefaid.  That  the  Claufe  of  the 
fore  recited  Aft  bcforc  rccitcd  Aft,  fo  far  as  relates  to  the  appointing  a  Place  for  building  i 
ftpeaJtd.  Court-houfe,  Prifon,  and  Stocks,  and  building  the  fame,  be,  and  is  hereby  re- 

pealed and  made  void,  to  all  Intents,  Purpofes,  and  Conflruftions,  as  if  the  fame 
had  never  been  made. 

8ond,  to  ftand  "^W-  P ^0 V 1 B E 3  dlways.  That  notiiing  in  this  Aft  lliall  be  conftrued; 
and  no  o-  to  makc  void  any  Bond  entered  into  by  the  Juftces  of  the  faid  County,  to  any 
Perfon  or  Perfons,  for  the  building  the  Court-houfe  in  the  recited  Aft  menti- 
oned, or  to  annuU  or  invalidate,  or  make  void,  any  Suit  that  is  or  may  be 
brought  thereon  •,  and  that  the  faid  Jufl:ices  lay  no  further  of  other  Tax  than  what 
is  already  laid,  for  building  the  Court-houfe  on  l!abb^^  Creek  aforefaid. 


ther  Tax    to   be 


Chap.   ii. 

An  ASi,  for  defraying  the  Expetice  of  thi  Memhers  of  his  MajefiyU  Jlofi" 
ourable  Council,  and  the  Members  of  the  General  AJfembly  of  this  Pro-^ 
*vince,  in  their  travelling  to,  from,  and  attending  at  the  faid  Ajfem'" 
blies  J  and  to  compell  their  Attendance. 

AHowance  to  the  j_  X  T  T  E  pray  that  k  may  be  Enafted,  And  be  it  Enacted,  by  his  Excellency 

Membi.  of  the        VV    Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent 

o.  AiTenabiy.     ' ^j-  j^-^  Ma^gjiy's  Council,  and  General  Ajembly  of  this  Province^  and  it  is  hereby 

Enacted,  by  the  Authority  of  the  fame.   That  every  Member  of  his  Majefly'a 

Council,  and  every  Member  of  the  General  Aflembly,  fliall  have  and  receive 

Seven  Shillings  and  Six  Pence,  Proclamation  Money,  per  Day,  for  any  Time 

he  fliall  ferve  this  prefent  Seiiion  of  Affemblyp  or  any  Jvmt  he  (hail  ferve  in  any 

'^  future 


LAWS    ^'North-Carolina.  273 

future  i^ffetnblies  of  this  Province,  and  alfo,  the  Sum  of  Seven  Shillinss  and    ^-  ^-  '^f*-  ■ 


'■V 


Six  Pence,  Prockm.itivon  Money,  per  Day,  for  any  Time  he  has  this  Selfion  of 
Afiembly,  or  hereafter  (hall  be,  in  travelling  to  and  from  any  AfTembiy  of  this 
Province,  and  attending  the  fame,  together  with  teafonable  Allowance  for  his 
P'erriages;  which  Monies  fo  becoming  due^  fliall  be  pi3t  on  the  Hilimate  of  the 
Public  Debts,  a  Certificate  of  which  ihall  be  delivered,  by  the  Clerk  of  the  Ge- 
neral Afiembly,  counter- figned  by  the  Speaker,  to  the  Perfon  to  whom  the  farrie 
fhaii  become  dae^  who  is  hereby  required  to  produce  the  fame  to  His  Excellency 
the  Governor  and  Commander  in  Chief  for  the  Time  being,  to  be  by  him  ficrned  : 
Which  Certificate  fo  fignedj  being  produced  to  the  Public  Treafurer,  or  Trea- 
furcrs,  fhail  be  a  fuiiicient  Warrant  for  him,  and  he  is  hereby  required  to  pay 
the  Sum  allowed  in  fuch  CertiScate,  out  of  any  Public  Money  in  his  Hands,  not 
before  otherways  appropriated  by  Law  ;  which  Itiall  be  allowed  to  fuch  Tteafurer, 
on  fettling  his  Public  Accounts. 

n.  AN  I)  he  it  further  EhaHed^  hy  the  Authority  aforefaid.  That  whatfo- p.naUyonM.-m* 
ever  Member  of  his  Majefty's -Honourable  Council,  or  Member  of  the  General  '"'  «^'-nt'"8 
Afiembly,  ihall  fail  in  making  his  perfonal  Appearance,  and  giving  his  Attend- 
ance, prccifely  at  the  Day  limited  by  the  Writ,  or  appointed  by  Proroo-ation, 
fhall  be  fined,-  for  every  Day'n  Abfence  during  the  Sitting  of  that  Alfembly,  unlefs 
by  Difability  or  other  ImpeJiments,.to  be  allowed  of  by  the  Council  or  Afiembly, 
with  Regard  to  their  refpeclive  Members,-  Ten  Shillings,  Proclamation  Money, 
per  Day  •,  to  be  recovered  by  a  Warrant  from  the  Chairman  of  his  Majefly's 
Council,  if  one  of  their  Board,  and  from  the  Speaker  of  the  General  AfTembiy, 
for  that  Houf:,  and  directed  to  the  McfTenger  of  the  refpeftive  Floufe  of  which 
fuch  Perfon  fo  abfenting  is  a  Member  ;  who  is  hereby  impowered  and  required  to 
levy  the  fame,  by  Diftrefs  and  Sale  of  the  Offenders  Goods,  and  to  return  the  faid 
Fine  or  Fines  to  the  Governor,  Council,  and  General  Afiembly  j  which  fhall  be 
by  them  applied  to  the  Ufe  of  the  FubliCi 

\l\.  A  N  D  be  it  further  Ena£fedy    hy  the  Authority  afore  faid.    That  every  p^^^jf    ^^  ,1,- 
Membcr.of  his  Majefly's  Council,  or  Member  of  the  General  Afiembly,  who,  f/n"in7afte[ a?^' 
after  making  his  perfonal  Appearance  as   aforefaid,  fhall  abfent  himfelf  from  the.  ?"""'*• 
Service  of  his  Houfe,  without  Leave  firft  had  and  obtained  from  fuch  Houfe,  fhall 
forfeit  and  pay  the  Sum  of  Forty  Shillings,-  Proclamation  Money,  for  every  Day 
he  fhall  fo  abfent  himfelf-,  to  be  recovered,  levied,  and  applied,  as  aforefaid,  and 
niay  be  fent  for  in  Cuilody  of  the  Serjeant  at  Arms,  by  a  Warrant  from  the 
Chairman  or  Speaker  aforef.iid,  at  his  own  Expence,  and  be  further  liable  to  the 
Ceufure  of  riie  Houfe  of  which  he  is  a  Member,  for  fuch  his  contempt. 


CHAP.    IIIv 


^n  A5l^  for  a fcert dining  the  Bounds  ef  a  certain  Tra5t  of  Land  former'- 
ly  laid  out  by  Treaty  to  the  Ufe  of  the  Tufkerora  Indians,  fo  long  as 
they,  or  any  of  them,  f:all  occupy  and  live  upon  the  fame  j  and  to  pre^ 
vent  any  Perfon  or  Perfons  taking  up  Lands,  or  fettling  within  the  faid 
Bounds,  by  Pretence  of  any  Purchafe  or  Purchafes  made,  or  that 
Jhall  be  made,  from  the  faid  Indians. 

^-  Wf  H  E  R  E  A  S  Complaints  are  made  by  the  Tu/kercra  Indians,  of  dl-  Pmmbi*. 

>  V  vers  Incroachments  made  by  the  Englifh  on  their  Lands,  and  it  bein^ 
but  jult  that  the  ancient  Inhabitants  of  this  Province  fhall  have  and  enjoy  a  quiet 
mi  convenient  Dwelling-place  in  this  their  native  County  ;  Wherefore, 

Z  z  z  H,  WE 


274 


LAWS    of    North-Carolina. 


A.  D.    174S. 


, ^ 

Bounds  of  the 
Indians    I-jnds 


11.  WE  pray  it  may  be  Enacted,  Jnd  be  it  Enacted^  hy  his  Excellency  Gabriel 
Tohnftoiij  E[q\  Gcjcrncr,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs 
^'  Council  and  General  Ajfembly  of  this  Province,  and  it  is  hereby  Enacted^  by  the 

Authority  of  the  fame^  That  the  Lands  formerly  allotted  the  Tti/hrora  Indians^ 
by  iolemn  Treaty,  lying  on  Morattock  River,  in  Bertie  Countyi  being  the  fame 
whereon  they  now  dwell,  butted  and  bounded  as  follows,  viz.  Begining  at  the 
Mouth  of  ^itfnoy  Swamp,  running  up  the  faid  Swamp  Four  Hundred  and 
Thirty  Pole,  to  a  Scrubby  Oak,  near  the  Head  of  the  faid  Swamp,  by  a  great 
Spring  ■,  then  North  Ten  Degrees  £<s/.  Eight  Hundred  •  and  Fifty  Pole,  to  a 
Perfmion  Tree  on  Raquis  Swamp ;  then  along  the  Swamp  and  Pocolon  main 
Courfe,  North  Fifty  Seven  Degrees  IVefi,  Two  Thoufand  Six  Hundred  and  For- 
ty" Pole,  to  a  Hickory  on  the  Eafi  Side  of  the  Falling  Run,  or  Deep  Creek,  and 
down  the  various  Courfcs  of  the  faid  Run  to  Morattock  River ;  then  down  the 
River  to  the  firft  Station  ;  fhall  be  confirmed  and  afllired,  and  by  Virtue  of  this 
Aft,  is  confirmed  and  allured,  unto  Jajnes  Blount,  Chief  of  the  I'ujkerora  Na- 
tion, and  the  People  under  his  Charge,  their  Fleirs  and  SucceiTors,  for  ever ; 
any  Law,  Ufage,   Cuftom,  or  Grant,  to  the  contrary,  notwithftanding. 

p.rfon*  having        IH.  P B.OVIBED  always.  That  it  fhall  and  may  be  lawful  for  any  Perfon 
Grants,  to  enter,  qj.  Perfons,    that  havc  formerly  obtained  any  Grant  or  Grants,  under  the  late 
°h=?«dia«ir  "^  Lords  Proprietors,  for  any  Trafts  or  Parcels"  of  Land  within  the  aforefaid  Boun- 
daries, upon  the  faid  Indians  deferting  or  leaving  the  faid  Lands,  to  enter,  oc- 
cupy, and  enjoy  the  fame,  accordmg  to  the  Tenor  of  their  feveral  Grants  j  any 
'    thing  herein  to  'the  contray  notwithftanding. 

Indians  not  to  IV.  AN  B  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  it  fhall  not 
pay  Quit-Rents.  ^^^  ^^^  j^g  lawful,  for  thc  Lptd  Granville^s  Receiver  to  afk,  have,  or  demand, 
any  Quit-Rents  for  any  of  the  faid  Trads'or  Parcels  of  Land,  taken  up  within  the 
faid  Indian  Boundaries,  as  aforefaid,  until  fuch  Time  the  Indians  have  defcrted 
the  fame,  and  the  Patentee  be  in  PofTeilion  thereof ;  and  then  only  for  fuch  Rents 
as  fhall  from  thence  arife  and  become  due ;  any  Law,  Ufage,  or  Cuitom,  to  the 
contrary,  notwithftanding. 

Penalty  on  Per-  V.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon, 
LTnds^ofthe  la  ^^^  ^"7  Confidcration  whatfoever,  fhall  puvchafe  or  buy  any  Traft  or  Parcel  of 
Jiani!  "***"■  Land,  claimed,  or  in  PofTeflion  of  any  Indian  or  Indians,  but  all  fuch  Bargains 
and  Sale  fhall  be,  and  are  hereby  declared  to  be  null  and  void,  and  of  noneEfteft; 
and  the  Perfon  fo  purchafmg  or  buying  any  Land  of  any  Indian  or  Indians,  fhall 
further  forfeit  the  Sum  of  Ten  Pounds,  Proclamation  Money,  for  every  Hun- 
dred Acres  by  him  purchafed  and  bought;  one  Half  to  the  Ufe  of  the  Public,  the 
other  Half  to  him  or  them  that  fnall  fue  for  the  fame  •,  to  be  recovered,  by 
Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within 
this  Government,  wherein  no  ElToign,  Frotedion,  Injunftion,  or  Wager  of 
Law,  fhall  be  allowed  or  admitted  of. 

Perfons  fettird  VL  AND  he  it  furthcr  Enacted,  hy  the  Authority  aforefaid^  That  all  and 
on  the  Indian,  gycry  Pcrfon  and  Perfons,  other  than  the  faid  Indians  who  are  now  dwelling  on 
aTyt' Jn  a'pen.  any  of  thc  Land  within  the  Bounds  abovc-mentioned,  to  have  been  allotted,  laid, 
out,  and  prefcribed  to  the  faid  Tvfkerora  Indians,  fhall,  on  or  before  the  Twenty 
Fifth  Day  of  March,  next  enfuing  the  Ratification  of  this  Adt,  remove  him  or 
herfelf  and  Family  off  the  faid  Land,  under  the  Penalty  of  Twenty  Pounds,  Pro- 
clamation Money :  And  if  any  Perfon  or  Perfons,  other  than  the  faid  Indians, 
fliall  negled  or  refufe  to  move  him  or  herfelf  and  Family  off  the  faid  Lands,  on 
or  before  the  faid  Tv/enty  Fifth  Day  of  March  next;  and  if  any  Perfon  or  Per- 
fons, other  than  the  faid  Indians^  fliall  hereafter  prefume  to  fettle,  inhabit,  or 

occupy 


L  A  IV  S    of    No  R  T  h-Carol  I  N  A.  275 


j1.    D.     ir 


occupy  any  of  the  faid  Lands  hereby  allotted  and  afligned  for  the  fuid  Tujkerora 

Indians  j  fuch  Perfon  or  Perfons  lliall  forfeit  the  further  Penalty  of  Twenty  Shil-  ^^ v ' 

lings,  Proclamation  Moneys  for  each  and  every  Day  he,  fhc,  or  they  Ihall  inha- 
bit or  occupy  any  Lands  v/ithin  the  faid  Indian  Bounds,  after  the  faid  Twenty 
Fifth  Day  of  March  next  -,  the  faid  Penalties  to  be  recovered  and  applied  in  the 
fame  Manner  as  the  Penalty  in  this  A6t  firil  above  mentioned. 

VII.  AND  whereas  thi  faid  Lands  ht\ox\%yciQK.oxS\t'Ti<fkeror a  Indians^  have  c         ,    «• 
beed  lately  laid  out  and  new  marked,  by  George  Coulde^  Efq;  Surveyor  General,  f^r  laying  out  th- 
at  the  Requeft  of  the  faid  Indians-,  Therefore,  be  it  Enabled,  That  the  faid  George  ^"^»'"*^»- 
Gonlde,  Efq;  have  and  receive,  for  the  Trouble  and  Expeflce   he  hath  been  at 

in  laying  out  and  marking  the  Indians  Land  aforefaid,  the  Sum  of  Twenty  Five 
Pounds,  i'rocjamation  Money,  to  be  paid  by  the  Public  out  of  the  Monies  in 
the  Public  Tr-afury.  ' 

VIII.  AND  whereas  thtjndians  complain  of  Injuries  received  from  People  pen  itv 
driving  Stocks  of  tlorfeSj  Cattle,  and  Hogs,  to  range  on  their  Lands ;  for  Re-  f'"'   nRging 
medy  whereof.  Be  it  Enabled,  That  Perfons  driving  Stocks  to  rang.- ,  or  Stocks  ind-^i  ilndfa 
actually  ranging  on  the  Indians  Lands,  fhall,  and  arc  hereby  declarcdj  to  be  lia- 
ble and  fubj.d:  to  the  like  Penalties  and  Forfeitures,  and  may  be  proceeded  againft 

in  the  fame  Manner,  and  fubjedt  to  the  fame  Recoveries,  as  by  the  Law  ot  this 
Province  Stocks  driven  or  ranging  upon  any  white  Peoples  Land  are  liable  and 
fubjeft  to  ;  and  the  faid  Indians  fhall  and  may  enjoy  the  Bent  fit  of  the  Laws  in 
that  Cafe  made  and  provided,  in  the  fame  Manner  as  the  white  People  do  or  Canj 
any  Law,  Ufage,  or  Cuilom,  to  the  contrary,  notwithftanding. 


CHAP.    IV. 

An  A6t,  for  forming  a  'kent-'RoU  of  all  tie  Lands  holden  in  this  Province ^ 
for  quieting  the  Inhabitants  in  their  Foffeffions^  and  for  dire£iing  the 
Payment  of  ^it-Rents^ 


I-  13  ^  ''^  EnaJfed,  ly  his  Excellency  Gabriel  johnfton,  Efq;,  Governor,  hy  and  L,rid»  hoideh  in 
X)  ^^^h  the  Advice  and  Cohfent  of  his  Majefiy^s  Council,  and  General  Affem-  ^■'^'^  p^-v  nee  » 
hly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  ^^'Ix'uZku 
all  Perfons,  feized  or  pofTefled  of  any  Lands  in  this  Province,  by  any  Title  or  '"'  '''="•  °^  *  '• 
Claim  whatfoevtf,    under   the   late   Lords   Proprietors,    (hall,    within   Twelve 
Months  after  this  Adl  fliall  be  publifhed,  in  the  Manner  as  is  herein  after  men- ' 
tioned,  regifter,  or  tender  to  be  regiftred  or  entered,   their  Patent,  Grant,  or 
mefne  Conveyance,  by  which  they  claim,  if  in  his  Majefty's  Part  of  the  Pro- 
vince, in  the  Office  of  the  ^Auditor-General,  or  his  Deputy,  if  fuch  Lands  are 
not  already  entered  in  the  faid  Office,  for  which  no  Fee  or  Reward  fliall  be  taken* 
or  with  the  Clerk  of  the  County  Court  where  fuch  Lands  may  lie,  who  fhall  take 
and  receive  the  Sum  of  Sixteen  Pence,  Proclamation  Money,  for  each  Patent,  ' 
Grant,  or  mefne  Conveyance,  or  the  Abftrad  thereof;  which  Abflradt  fhall  con- 
tain the  Buttings  and  Boundings,  or  Defcriptions  of  the  faid  Lands  fo  regiftred  or 
entered  ;  and  fhall  likewife  tranfmit  an  exa<5f.  Copy  of  the  fame  Patent,  Grant,  or 
rnefne  Conveyance,  or  the  Abftrad  thereof,  fo  regiftred,  to  the  Office  of  the  Au- 
ditor-General, or  his  Deputy,  on  or  before  the  firfi  Day  of  January,  in  the  Year 
of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty  Nine,  under  the  Penalty 
of  Five  Pounds,  Proclamation  Money  ;  to  be  recovered,  by  Action  of  Debt,  in 
any  of  his  Majefty's  Courts  of  Record  within  this  I*rovince,  by  any  Perfon  what- 


ibevtr  that  will  fuc  for  the  fame. 


11.  AND 


276  LA     W     S       of     N  O  R  T  H  -C  A  R  O  L  I  N  A. 

^.  D.     i74«. 

E^r'^wT^  11.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid^  That  all  Perfons 
LanJs  to  1j=  re-  feizcd  Of  pofTcfTed  ot  any  Lands  within  that  Part  of  the  I'rovince  granted  by  his 
j;ttrjd  ukewiie.  jy[ajeily,  the  Seventeenth  Day  ot  September,  in  the  Eighteenth  Year  of"  his  Reign, 
in  the  Year  of  our  Lord  One  Thouiand  Seven  Hundred  and  Forty  Four,  unto 
the  Right  Honourable  John  Earl  Granvilh-,  by  the  Name,  Stile,  and  Title  of 
the  Honourable  John  Lord  Carteret,  fhall,  within  Twelve  Months  after  this  Adt 
Ihall  be  publifhed,  in  the  Manner  as  is  herein  after  mentioned,  enter,  or  tender 
to  be  entered,  their  Patent,  Grant,  or  mcfne  Conveyance,  by  which  they  claim 
any  fuch  Lands,  in  the  Office  of  the  Right  Honourable  the  Earl  Granville,  aC 
Edenton,  or  at  the  County  Court-houfc  where  the  Land  lieth,  with  fuch  Perfon 
as  fhall  be  appointed  by  the  faid  Earl's  Agent  or  Agents,  who  fliall  enter  the 
fame,  or  an  Abftrat^t  thereof,  for  which  no  Fee  or  Reward  fhall  be  paid  •,  which 
Abftracl  fliall  contain  the  Buttings  and  Soundings,  and  Defcriptions  of  the  faid 
Lands. 

•Paents  t,.'t  fn-      m    AND  he  it  further  Ena5ltcU  hy  the  Authority  afore  faid.  That  all  Patents, 

tercd  )h  the  Au-  r        r  c    r  \  1    •  1  i  1        t  1      t.  • 

ditor'3  or  Earl's  ^orrauts^  ot  mcfnc  Convcyances  oi  Lands,  clamnied  under  the  Lords  rroprietors» 
wBces,  declared  ^jji^.}-^  ^)^^\\  j^qj-  5^  entered,  or  tendered  to  be  entered,  as  aforefaid,  either  in  the 
Auditor's  Officcj  or  the  OfBce  of  the  Earl  Granville^  iliall  be  deemed  and  taken 
to  be  null  and  void^  and  all  the  Lands  thereby  granted,  to  be  vacant  Lands,  and 
fliall  and  may  be  granted  by  «l-iis  Majefty,  his  Heirs  and  Succeffors,  or  by  the 
tsnd9ofOrp!ian«  Ezvl  GranvHh,  his  Heirs  or  Afilgns,  to  any  Perfon  whatfoever  •,  excepting  the 
**•  "''^P'^J-      Lands  of  Orphans,  or  Minors,  who  lliail  be  allovv'ed  Twelve  Months,  after  they 
arrive  at  Age,  to  enter  the  fame  in  the  Auditor's  Office,  or  the  Office  of  the  Earl 
'  Granville;  except  alio  all  Perfons  now  abfent  in  Parts  beyond  the  Seas,  who  fhall 

be  allowed  Five  Years  for  entering  fuch  Titles,  in  Cafe  they  continue  fo  long  ab- 
fent, but  if  they  arrive  fooner,  then  only  Eight  Months  after  their  Arrival. 

IV.  AND  for  the  better  afieftalni'rig  a  Yearly  Rent-Roll  to  his  Majefty,  and 
tranfmit  a^'Luii  of  Earl  GranvHk,  and  for  the  fccuring  the  Quit-Rents  for  fuch  Lands  as  lliall  here- 
»"  ed'^"'^'  h""'  ^'^^^^  ^^  transferred  from  one  Perfon  to  another,  by  mefne  Conveyance,  or  Will ; 
Auditor,  &c.      Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Public  Regifter  in  each 
Ycjr'y,  en  Pen,  ^^^  evcry  County  within  this  Province,  Ihall,  on  or  before  the  firft  Day  of  Fe- 
bruary, Yearly,  and  every  Year,   tranfmit  to  the  Office  of  his  Majefly's  Auditor- 
General,  or  his  Deputy,  or  to  the  Agents  of  the  Lord  Granville,  if  the  Lands 
lie  in  that  Part  of  the  Province  granted  to  tlie  faid  Lord  by  his  Majefty,  a  true 
and  exa(5t  Lift  of  all  the  Lands  fo  conveyed  within  fuch  County  for  which  he  is 
Regifter,  containing  the  Parties  Names,  the  Number  of  Acres,  Situation.of  fuch 
Lands,  and  the  Date  of  fuch  Conveyance,  under  the  Penalty  of  Five  Pounds, 
Proclamation  Money,  for  each  Negleft  •,  to  be  recovered,  by  Adion  of  Debt, 
Bill,  Plaint,  or  Information,  in  any  of  his  Majefty's  Courts  of  Record  within  this 
Province,  wherein  no  Eftbign,  Proteftion,  Lijundtion,  or  Wager  of  Law,  ftiall 
be  allowed  or  admitted  of,  by  any  Perfon  who  fliall  fue  for  the  fame  •,  for  which 
fuch  Regifter  fhall  take  and  receive  of  iwt  Party  regiftring.  Eight  Pence^  Pro- 
Sesretary  to       clamation  Moncy,  for  each  Deed  or  mefne  Conveyance  :  And  that  the  Secretary 
cranfmit,  YearJy,  {q^  ^^  Time  being.  Or  his  Deputy,  do,  in  like  Manner,  on  or  before  the  firft 
Wilw!  uaJcr'Ihe  Day  of  February,  Yearly,  and  every  Year,  tranfmit  to  the  Office  of  his  Majefty's 
like  Penalty.       Auditor-Gcncral,  or  his  Deputy,  or  to  the  7\gents  of  the  Lord  Granville,^  if  the 
Lands  lie  in  that  Part  of  the  Province  granted  to  the  faid  Lord  by  his  Majefty,  a 
true  and  exad  Lift  of  all  the  L<ands  bequeathed  by  Will,  recorded  in  the  Secre- 
tary's Office,    containing  the    Date  of  the  Will,  the  Name  or  Names  of  the 
Legatees,  the  Number  of  Acres,  artd  the  Counties  where  fuch  Lands  lie,  under 
the  like  Penalty ;  to  be  recovered  as  aforefaid  ;  for  which  the  fiid  Secretary,  or 
his  Deputy,  fhall  take  and  receive,  of  the  Parties  lodging  fuch  Wills  in  the  Se- 
cretary's Oifice,  Eight  Fence,  Proclamation  Money,  for  each  Will. 

V.  AND 


L  A    IV  S     of    North-Carolina.  277. 


,i.   O     17  s. 


V.  AND  wh  rcas  n.;ver.il  Pcrfons  have  been  many  Years  in  quiet  PofTcnion  of      ""Xi'q,,  t 
Liiids  in  this  Proving,  and  have;  by  Fire  or  othrrwiftr,  iolt  their  Patents,  Gr..nts,  i'  irriU.  n  Ac  m-. 
or  mefne  Conveyances  oi   their  Lands  •,  Be  it  Ena^ied^  by  the  Authority  ajorefaid. 
That  all  Perfons  who  have,  or  thofc  under  whom  they  claim,  have  been  in  adual 


gi)od  Title 
lu  Lands. 


and  quiet  PoiTeflion  of  any  Tra6t  or  Tradls  of  Land,  for  the  Space,  of  Twenty 
Years,  next  before  the  Ratification  of  this  A6t,  and  fhali  make  Proof  thc-reoi  be- 
fore the  Governor  and  Council j  or  General  Court,  or  the  Court  of  the  County 
where  the  Lmd  lieth,  and  Ihall  enter  fuch  Proof  in  tlie  Auditor's  Office,  or  Ornce 
of  th».  Earl  Grafzuille,  in  Cafe  the  Land  Hiall  lie  within  his  Territory  or  Diftrid  •, 
that  then,  and  from  thtriceforth,  fuch  Perfons,  their  Heirs  and  Affigns,  fnall 
quietly  hold  and  enjoy  fuch  IVadc  or  Tracts  of  Land,  againil  his  Iviajeily,  his 
Heirs  and  Succefibrs,  or  againft  the  faid  Earl  Granville^  his  Heirs  and  Afiigns, 
he  or  they  paying  the  highetl  Quit- Rents  that  were  actually  ref;rved  and  made 
payable  to  the  late  Lords  Proprietors,  in  the  refpective  Counties  where  fuch 
Lands  lie. 

VI!  A  N  D  he  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  Quit-  Quit-renu  wh»6 
Rents  hereaftL  r  to  be  paid  for  any  Lands  already  granted,  or  that  fhall  herealtcr  *'  '"^  f^''*  *'"'• 
be  granted,  within  this  Province,  or  which  have    been  ailually  polkirtd  by  any 
Perfon  for  the  Space  of  Twenty  Years  laft  paft,  fhall  be  paid  in  Proclamation 
Money,  at  the  Court-houfe  in  the  County  where  fuch  Land  lieth,  or  in  In- 
fpedors  Notes  for  Tobacco,  af  One  Penny,"  Proclamaitiort  Money,  per  Pound,  or 
Indigo,  at   Four  Shillings,  i'roclamation  Money,   per  Pound,    good  and  mer-  what  relate*  t« 
chantable,  and  fuch  as  the  Infpedtor  fliall  judge  will  be  intituled  to  the  Bounty  iBd'g»,  repeal**, 
given  by  Aft  of  Parliament,  being  well  infpcdted,  after  the  fame  Manner  as  To- 
bacco is  to  be  infpcfted  for  Payment  of  Public  Taxes,  if  delivered  at  fuch  in- 
fpe<5ling  Houfes  as  are  .appointed  by  Law,  where  Boats  or  Pettiauguas  may  con- 
veniently go  to  receive  the  fame  ;  and  provided,  that  the  Tobacco  to  be  delivered 
St  fuch  Houfts,  Ihall  not  weigh  kfs  than  Nine  Hundred  Weight,  Nctt  Tobacco', 
in  each  HogOitad, 

VII.  AND  be  it  further  Ena5ied,  hy  the  Authority  aforefaid^  That  it  fhall  and  whtre  Commo*. 
iTJ-y  be  lawful  for  the  inhabitants  of  all  and  every  County  or  Counties  that  have  fpefted^"^  ''^"'* 
not  an  Iiifpedling-houfe  wichin  their  County  or  Counties,  at  a  convenient  Land- 
ing, to  fend  their  I'obacco"  or  Indico  to  the  next  convenient  Infpe6ling-houfe  in 

any  other  County,-  whtre  any  Boat  or  Pettiaugua  may  conveniently  come,  to 
tranfport  or  take  away  f.ich  Tobacco  or  Indico,.  in  Mariner  as  aforefaid  ;  and  the 
Infpc-dor  of  fuch  Infpe6Hrig-houfe  fhall  receive  and  fnipcdl  the  flime,  at  the  faid 
Infpecting'houfc  ;  provided  llich  Tobacco  fhall  be  delivered  at  the  faid  Infpeding- 
houfe  in  Hogfneads,' containing  nt>t  under  Nine  Hundred  Weight  of  Nett  To- 
bacco, each. 

VIII.  AND  be  it  further  Em^ed^  hj  the  Authority  afcrefaid^  That  the  Record  K^toriott^unu 
of  every  Patent  or  Grant  regiftred  in  the  Secretary's  Office,  or  the  Abftrads  of  *^^'  *"'"' '" 
them,    entered  in  the  Auditor's  Office,    or  the  Office  of  the  Earl  Granville^  or 
Exemplifications  of  them,'  duly  proved,  fhall  be  a§  good  and  valid  in  Law,  as  if 

the  Originals  were  produced,  and  may  be  pleaded  ind  given  in  Evidence  as  well 
as  if  the  Originals  were  in  Bcin^. 

IX.-  AND  he  it  further  Enacted,  hy  tk  Authority  aforefaid.  That  the  Sccre-  s.cr8fary„  r.na 
tary  fhall  make  out,  and  fend  to  the  Clerk  of  the  Court  of  every  Courity  in  this  '  ^"vy  ^^f  tMi 
Province,  a  Copy  of  this  Aft,  within' Three  Months  next  after  the  Ratification  fafcl»Iir«['''"" 
hereof,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  •,  and  the 
Clerk  of  every  County  Court  fhall,  the  firft  Court  after  the  Receipt  of  fuch  Co- 
yy,  pubhih  the  fame,  by  publickly  reading  thereof  in  open  Court,  the  fecond 

A  4  Day 


2/8 


L  A  W  S    of    North-Carolina. 


D.     1748 


Day  of  the  Sitting  of  the  fairi  Court,  under  the  Penalty  of  Twenty  Pounds, 
Proclamation  Money;  the  faid  Penalties  to  be  recovered,  by  Aftion  of  Debt, 
Bill,  Plaint,  or  Information,  in  any  Court  of  Recofd  in  this  Province,  by  him 
or  them  that  will  fue  for  the  fame. 


C  H  A  P.    V. 

An  A5iy  to  appoint  an  Agents  to  follicif  the  Affairs  oj  this  Province  ai 
the  fever al  Boards  in  England. 


fw«iiM«.  I.  TT  7"  H  E  R  E  A  S  for  Want  of  an  Agent,  appointed  by  Public  Autho-' 

Y  Y  ricy,  to  foUicit  and  truly  reprtfent  the  Affairs  of  this  Province  a6 
the  fev^ral  Boards  in  England.,  they  have  often  been  mifreprefcnted  thi.rc,  to  the 
great  Prejudice  of  the  Inhabitants  of  the  faid  Province;  Vvhercfore, 


#it  Sal: 


arf. 


4geAt  vpoint*"'.  II.  W  E  pray  that  it  may  be  Enafted,  And  ht  it  Enacted^  by  his  Excellency 
Gabriel  Johnfton,  Ej\;  Governor^  by  and  with  the  Advice  and  Ccnfent  of  h:s  Ma* 
jejly's  Council^  and  General  Ajfemtly  of  this  Province 4  and  it  is  hereby  Enacted^ 
hy  the  Authority  of  the  fame^  That  James  Abercromby,  of  Lond'n,  in  the  King- 
dom of  Greai-Briiain,  £fq-,  be,  and  is  hereby  appointed  Agent  of  this  Province, 
from  the  Ratification  of  this  Aft,  for  and  during  the^Term  of  Two  Years,  next 
after  the  Twenty  Fifth  Day  of  Mi^rch  enfuing,  to  follicit,  rcprefrnt,  and  tranfacSfe 
all  fuch  Public  Affairs  and  Bufincfs,  now  relating  to  the  faid  Jr'rovince,  or  that 
(hall  or  may  be  moved  concerning  the  fame,  at  any  of  the  Boards  in  England^ 
during  the  faid  Term  or  Time,  according  as  he  Ihali,  from  Time  to  Time,  find 
Occafion,  or  be  directed  and  inftrucfced,  by  the  Committee  of  Corrcfpondencc 
tierein  after  appointed. 

III.  AND  that  the  Lid  Jarnes  Abercromhy^  Efq;  in  Confideratlon  of  his  Trou-* 
ble.  Charges,  and  Expences,  in  tranfadling  the  Public  Bufinefs  of  this  Province^ 
as  Agent,  to  this  Time,  and  until  the  Tv/cnty  Fifth  Day  of  March^  ni:xt  enfuing,; 
be,  and  is  hereby  allowed,  the  Sum  of  One  Hundred  Pountls,  Sterling,  to  be 
paid  immediately  after  the  Ratification  of  this  Ad,  to  the  faid  Committee,  for  the 
Ufe  of  the  faid  James  Abercromby,  Efq;  out  of  the  Public  Tfeafury,  by  a  War- 
rant from  his  Excellency  the  Governor ;  which  faid  Sum  ftiall,  by  the  faid  Com- 
mittee, be  remitted  to  the  faid  Jawes  Abercrombyi  by  the  firft  Opportunity  ;  and 
alfo,  the  further  Sum  of  Fifty  i^ounds.  Sterlings  Yearly,  for  the  faid  Two  Years 
next  after  the  faid  Twenty  Fifth  Day  of  March,  after  the  Ratification  of  this  A6t ; 
which  faid  Sum  of  Fifty  Pounds,  Ihall  be  Yearly  paid,  out  of  the  Public  Trea- 
fury,  to  the  faid  Committee,  for  the  Ufe  of  the  faid  James  Abercromby^  by  War- 
rant from  his  Excellency  the  Governor,  and  be  remitted,  by  the  faid  Committee, 
Vq  the  faid  James  Abercrcmby. 

IV.  AND  be  it  further  EnaEfed,  Th^t^hcViononrMt  Robeft  Balton,  and 
Eleazer  Allen,  Efqrs.  and  Samuel  Stvann^  John  Swann,  and  John  Starkey,  Efqrs. 
and  the  Majority  of  them,  or  the  Majority  of  the  Survivors  of  them,  be,  and  ■ 
they  are  hereby  nominated  and  appointed  a  Committee  of  Correfpondence,  from 
the  Ratification  of  this  A£t,  and  during  the  Continuance  of  the  faid  Ag:  ncy  -,  and 
Ihall,  from  Time  to  Time,  during  the  faid  Two  Years,  correfpond  with  the  faid 
James  Abercromby,  Efq;  and  advik,  dired,  and  inftrud  him  in  all  fuch  Matters 
relating  to  this  Province,  as  may  be  moved  or  follicited,  or  that  they  may  think 
proper,  at  any  Time,  to  move  or  follicit  before  his  Majefty  in  Council,  or  at  any 
©f  the  Boards  in  England :  And  the  laid  Corairaittee  fhail^  from  TuxiC  to  Timc^ 


•oramlttee  of 
C.rrcfpondenc* 


af» 


L    A    IV   S      of      N  O  R  T  H-  C  A  R  O  L  I  N  A.  079 

as  oit;;n  as  r:;qLiircJ,  liy  b.'fare  die  Governor,  Council,  and  Gener il  Aiilmbly,     ''•/''    '"^^ 
the  Advices  they  fliiill  r'cceive  trom  the  faid  Agcnr,  during  the  fditi  Iwo  Years-,       "^ 
and  alio  Copies  of  luch  Difpatchesi    Orders,  ana  Dirctlionsj  as  they  fhall  fend 
to  him. 

v.  AND  be  it   Ena£lcd^  by  tbs  Authority  aforefaid^  Thar  this  Aft  (hall  be  ronHn«ance  of 
in  Force,  for  and  during  tiie  Space  and   ferm  of  Two  Years,  ntxt  aitcr  the  '^■--'^^• 
Twenty  Filth  Day  of  March  next,  and  no  longer. 


CHAP.    VL 

yin  Acf,  for  the  better  regulating  the  Town  of  Newbern,  for  fencing  the 
fame^  arid  fecuring.  the  Titles  oj  the  federal  Perfons  who  hold  Lots  in 
the  faid  Town. 

l.T^EitEKa^ed,  hy  his  Excdiency  Gabriel  JohnHon,  Efq;  Gcvernor^  by  ^^^  c  mm  («"„«»» 

J3  with,  the  Advice  and  Corfmi  of  his  Majeftys  Council^  and  General  AJfem-  .b^ch^ka. 
bly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.,  That 
it  fhall  and  may  be  lawful  for  fuch  i^'erfons,  who  arc  qualiS.:d  by  Law,  to  vote  for 
a  Member  to  f.rve  in  General  Affembly  tor  the  faid  'i'uv/n  of  Ncvjl/crn,.  Yearly, 
and  every  Year,  after  the  Ratification  of  this  Ad:,  to  aflemble  and  meet,  at  the 
.Court-houfe  in  Nc'JDbern,  on  the  firft  'Tuefday  in  Noverdber,  and  then  and  there 
choofe,  by  Ballot, -in  the  Tame  Manner  as  dir^ded  in  the  Law  for  nguLting  E- 
leclions  for  Members  of  Aflembly,  Five  Freeholders,  Inhabit. nts  of  the  faid 
Town,  and  no  more,,  as  Commiffioners  for  the  laid  Town;  and  that  upon  the 
faid  CommifHoners  being  chofen,  and  their  Names  being  properly  entered  in  the 
Journd  of  the  Proceedings  of  the  laid  I'own,  tlu-y  Ihail,  beiore  they  enter  on 
the  faid  Office,  take  the  following  Oath  ; 

I  A.  B.  do  fiiocar,  That  I  will  execute  the  Office  of  a  Comm'ffwner,  faithfully  and  Their  Oatli. 
truly.,  •wi'thciit  Favour^  AffeSiion,  or  Prejudice  j  and  in  all  Things  a£i-  fcr  the 
Good  of  the  Tcwiii   and  tbs  well  gaverning  of  it^  f/f  the  bcfi  of  my  Skdl  and 
judgment.  i)0  help  n^e  God. 

And  the  faid  CammiiTioners,  after  having  been  fo  chofen  and  fworn  as  afortfaid,  Treafurrr  to  Eo 
ibali  proceed  to  elcd  one  out  of  tiieir  Number  to  be'Treafurcr  for  the  faid  Town,  'fp"'"'"*' 
.and  enter  fuch  Eledion  in  the  Journal  of  the  faid  Town  •,  into  which  I'reafurer's 
Hands  all  Monies  arifing  by  Sale  of  Lots,  or  otherwife  by  Fine,  fhall  be  paid 
and  kept,  till  difpof:d  of  as  hereafter  dirtded;  who  is  alio  hereby  required  to 
account  with  the  Proprietor  of  the  f-id  Town,  tor  fuch  Moni  s  as  anf:  by  S.ile  of 
Lots,  and  alfo  with  the  fucceeding  Treafurtr  and  CommiQlontrs,  for  all  othei' 
Monies  by  him  received,  during  his  being  Treafurcr  aforefaid. 

.^    II.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  tlie  Commif-  •'<-r'"<^n«  «»  «'«"' 
'|$,oners  for  the  Time  being,  or  the  Majority  of  them,  may,  and  they  are  hereby  '^IZ^l^u  "" 
i'mpowcred,  to  order  the  Owner  of  any  Lot  01  Lots  to  clear  all  or  any  Part  of 
them,  and  to  make  proper  Drains  or  Water-Courfes  tliro*  theni,  in  i^ix  Months 
after  fuch  Order,    figned  by  the  Commiflioners  for  the  Time  being,  or  the  Ma- 
jority of  them  ;  and  any  Perfon  refufing  to  comply  with  the  fame,  of  negkdling, 
Ihall  forf  it  and  pay  Twenty  Shillings,  Proclamation  Money:  The  Commifiion-  i^''*  T:ti)»M« 
crs  arc  h<  rcby  alfo  impowtred  to  ifiue  their  Warrant,  at  leaft  Twice  a  Year,  to  sLm^rcen! 
|he  Conftable,  to  warn  all  the  Male  Tithables  to  clear  or  repair  the  Streets,  or  "'"  ^  ■'•  8  d.  for 
make  or  mend  any  Public  Wharfs  or  Docks,  and  alfo  appoint  Overfcers  j  any  Per-  ""^,7'*'''^! 

fun 


zSo  LA   IV   S    of    North-Carolina. 

-4.  D.   1743.    f()n  neglecting  or  rctufing  to  work  as  dir>.cled  in  the  Warrant,  or  to  turniih  a 


">r- 


fuificient  Haiid  in  his  or  her  i'lace,  fliall  torkit  and  pay  Two  Shillings  and  Eight 
Pence,  rroclamation  Money,  per  Day,  for  every  fuch  Refufol  or  Negitd. 


III.  AND  whereas  the  inclofing  and  fencing  the  Town  of  Newbern,  will  be 
/i:'c;ng  inVh."'  not  only  commodious  to  the  Inhabitants,  but  convenient  for  Travellers,  as  well 
Town.  ys  all  other  Perfons  who  have  Bufuiefs  in  the  faid  Town  •,  Be  it  Enacted^  by  the 

Authority,  aforejaid^  That  the  Commiffioacrs  for  the  Time  beings  or  the  Majority 
of  them,  are  hereby  impowercd  to  employ  and  hire  Workmen  to  make  up  a 
good  and  fufficient  Fence  round  the  faid  '1  own,  with  fuch  Gates  as  they  fliall 
think  proper^  and  compute  the  Charge  of  the  making  or  repairing  the  fame,  and 
lay  the  f »mei  on  the  1  liird  Tuefday  in  March^  Yearly,  before  the  County  Courts 
whicn  is  hereby  impowered  to  lay  a  Tax  or  Levy  on  each  Tythable  i'crfon  in  the 
County  o\  Craien.,  and  on  each  i-'erfon  of  a  faved  Lot  in  the  Town  of  Newbern, 
and  taxable  r'erfons  inhabiting  the  dime,  for  defraying  the  faid  Charge,  not  ex- 
ceeding Fouf  Fence,  Froclanution  Money,  Yearly,  to  be  collected  by  the  She- 
riff, in  the  fame  Manner,  and  under  the  fame  Penalties,  as  other  County  Taxes 
are  ufualiy  collected  •,  and  the  Town  fo  fenced  is  hereby  declared  to  be  a  Public 
Pafturc,  for  the  Horfes  of  all  Travellers,  during  their  Stay  in  Town,  but  fto  Ion- 
■  ger,  nor  for  any  other  Creature,  except  Llorfes. 

^entity  en  Per-  IV.  AND  be  it  further  Ena^edy  by  the  Auibdrity  hfcrefaidi  That  dhy  Per- 
£.n3  rfeftronng  ^Qp  wHatfoever  who  ihall  pull  down,  take  away,  or  by  any  Means  deftroy  any  of 
the  Fence.  ^^^  ^zWs  of  the  faid  Fence,  or  any  Fart  thereof,  and  being  thereof  lawfully  con- 

vidled  by  the  Oath  of  any  credible  Witnefs,  before  one  or  more  Juflices  of  the 
Peace,  fliall  forfeit  and  pay,  into  the  Hands  of  the  Commiliicnersj  for  the  firft 
Offence,  Twenty  Shillings,  Proclamation,  and  for  the  fecond.  Forty  Shillings, 
like  Money ;  to  be  recovered  by  the  Commiffioners,  by  Warrant  from  Two 
Juftices  of  the  Peace  -,  which  Monies  fo  recovered,  (hall  be  applied  towards  re- 
pairing the  faid  Fence. 

pensity  en  Per-       V.  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.   That   none  of 
fons  keeping       thc  Inhabitants  of  the  faid  Town,  fhall  keep,  or  caufe  to  be  kept,  running  at 
Town  t'i:3ii  au  large  \vithin  the  Bounds  of  the  faid  Tov;n,  more  than  'one  Cow  anU  Calf,  or  one 
lowed  by  Liw.     j-jorfe,  or  Six  Head  of  Sheep,  for  one  faved  Lot,  and  fo  in  Proportion  for  each 
iiived  Lot  by  them  polTeffed,  under  the  Penalty  of  Twenty  Shillings,   Proclama- 
tion Money,  for  each  and  every  Offence  •,  to  be  recovered  as   in  this  A61  is  here- 
after directed. 

iio  s  not  to  run  ^"1.  A  N  t>  be  tt  further  Enaeted,  hy  the  Authcriiy  afcrefaidy  That  none  of  the 
at  1  rpe,  on  Pen.  InhabitaRts  of  the  faid  Town,  (hall  fuffer  any  Kog  or  Hogs  to  run  at  large 

within  the  Bounds  of  thc  faid  Town,  under  the  Fo;'feiture  of  fuch  Hog  or  Hogs, 

to  any  Perfon  who  fhall  feize  of  kill  the  fame. 


•f  Forfeiture. 


.,     ^    , .  Vtl.  A  N  D  he'  it  further  EnatSfed.  by  the  Authority  aforefaid.  That  no  Peffoft 

Font  hut  Inh*-  ■'  itii-  r      \  r  ■  \   !^  \     n      w   -y 

),it»nt?  t.,  keep  Qr  Perfotts  whatfoever,  (except  the  Inhabitants  or  the  laid  Town)  mail  keep,  or 
Tnwn^'on  Pen.  caufe  to  bc  kept,  any  Horfes,  Cattle,  or  Sheep,  within  the  faid  Town,  under 
•f  »«'».  *  the  Penalty  of  Twenty  Shillings,  Proclamation  Mbney^  fof  each  and  every  Of- 
fence ;  to  be  recovered  and  applied  as  hereaitef  directed,  except  their  riding 
Horfes,  during  their  Stay  in  Town  :  And  the  CommilTioners,  Cf  the  Majority  of 
them,  for  the  Time  being,  are  hereby  authorized  to  caufe  a  Pound  to  be  built 
and  ereded,  to  impound  any  Horfe  or  Horfes,  Cattle  or  Sheep,  found  at  large 
within  the  Bounds  of  the  faid  Town,  contrary  to  the  Meaning  of  this  A6c. 

femkie,  how  to       VIII.  A  N  B  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  the 
hi  f««ofere4.       j(^veral  Penalties  in  this  Adt  mentioned,  except  for  deftroying  the  Fence  aforefaid, 

fhall.. 


L   yl     V/    S      ^     N  O  R  T  H  -   C  A  R  O  L   I  N  A.  281 


D.     374f 

-■ V — - 


fl>u!l,  by  the  Commifiioners,  or  the  Majority  ot  them,  he  recovered  by  a  War- 
rant froin  Two  Jufti'-cs  ot  the  Peace,  and  be  applied  towards  the  making  Public 
Wharfs,  erccling  a  I'ound,  or  repairing  the  Streets,  and  to  no  ether  Purpofe. 

IX.  A  N  D  where.-' s  the  Settlement  of  the  Town  of  Newbern^  hath  been  much 
retarded  by  Perfons  taking  up  Lots  in  the  faid  Tov/h,  and  not  building  thereon, 
as  by  the  Tenor  of  their  Deeds  or  Grants,  and  the  Law,  intituled,  An  Ad,  for 
the  better  fettling  the  Town  of  Newbern^  is  exprefly  provided  : 

X.  A  N  D  whefear.,  aftei"  the  Time  therein  limited  thereon,  the  fame  Perfons 
kave  been  permitted  to  twx.zr  and  take  up  the  fame  again,  whereby  fome  of  the 
moil  convenient  Lots  in  the  ftid  Town  lie  _^inim proved  :  For  Prevention  where- 
of for  the  future  •, 

XI.  B  E  it  Enact^dy  by  the  Aulhority  aforefaid^  That  the  Commifiioners  of  the  Ajiy  three  eom- 
faid  Town  for  the  Time  being,  or  any  Three  of  them,  whereof  the  I'reafurer  Trfaiur"'  tl^^L 
to  be  one,  arc  hereby  authorifed,  impowered,  and  direfted,  to  grant,  convey,  nnr,  may  c<«nvvy 
and  acknowledge,  to  any  Perfon  requiring  the  fame,  any  Lot  or  Lots  of  Land  ^"" 
ivithin  the  faid  Town,  not  already  taken  up  and  built  on,  agreeable  to  the  faid 

Act,  or  any  Lot  or  Lots  that  may  hereafter  be  liable  to  be  taken  up  for  Want 
of  being  built  on  as  aforefiid,  for  the  iame  Ccnfidcration,  and  under  the  fame  Re- 
flriflions.  Limitations,  and  Forfeitures,  as  Lots  have  heretofore  been  granted, 
agreeable  to  the  faid  Act  of  ^.Ifembly  lor  the  better  fettling  the  Town  of  New- 
ier/1,  before  menticned, 

XII.  PRO  FID  E  D  mvcrthelejs.  That  where  any  Perfon  fhall  have  taken  up  perf„ns  not  iMu 
any  Lot  or  Lots,  and  hath  not  built  therton  and  improved  the  fame,  agreeable  pfo^'^g  •'i'^''"  . 
to  the  Tenor  of  his  or  h.tr  Deed  or  Grant,  and  the  aforefaid  Aft  of  Alfembly,  La"  "orto"take 
the  fame  Perfon  (except  where  the  Title  of  fuch  Lot  or  Lots,  before  the  F-xpira-  *'""'  "p^*^"  ^^^J. 
tion  of  the  Time  for  building  thereon,  fhall  fall  to  a  Minor  or  Minors)  fhall  not  6  Months. 
have  the'  Preference  to  be  allowed  to  take  up  the  fame  again^  until  the  fame  hath 

layed  vacant  Six  Months  •,  but  the  fame  may  and  fhall,  immediately,  or  any 
Time  after,  be  granted  to  any  other  Perfon  defiring  the  fame,  on  the  fame  Con- 
diticns  mentioned  by  the  faid  Lav/ ;  and  the  Commifiioners  for  the  Time  being, 
arc  hereby  required  to  keep  a  fair  Book  wherein  they  fhall  enter  the  Time  when 
any  Lot  was  granted,  and  to  what  Perfon,  and  alfo  of  the  Time  when  the  fame 
becanTe  lapfable  \  which  Book  any  Perfon  fhaii  have  free  Liberty  of  perufing,  as' 
ihey  fee  proper,  at  all  Times. 

XIII.  AND  whereas   fundry  Difputes  liiay  hereafter  arife,    concerning  the  ''^'*'"    **  ^^• 
Titles  to  the  Lots  in  Neivbcrn^  and  the  Bounds  thereof;  Be  it  Ena^ed^  by  the  ""  ""*  *„ 
Authority  afo"e[aidy  That  the  Commiifioners  or  Jufticcs  formerly  appointed,  by 

Adc  of  General  Affembly  of  this  Province,  intituled.  An  Act,  for  the  better  Set- 
tling of  the  Town  of  Newbern,  in  the  PrecinB  of  Craven,  and  tlieir  SuccefTors,  arc 
hereby  declared  to  have  had  a  good,  abfolute,  and  indefeafible  Eflate,  in  Fee, 
in  the  Two  Kursdred  and  Fifty  Acres  of  Land,  by  the  faid  At\.  of  AfTernbly  al- 
lotted and  laid  out  for  tha  Town  of  Newbern^  refpedively,  in  Truft  and  Confi- 
dence, to  and  for  the  Ufes  in  the  faid  A£t  meiitioned  ;  and  the  CommilTioners  or 
Juflices  for  this  Act,  hereafter  to  be  chofen  and  elected,  as  before  mentioned,  are 
herj;by  declared  to  have,  for  the  Time  being,  a  good,  abfolute,  and  indefeafible 
Eflate,  in  Fee,  in  all  fuch  Lands  or  Lots  within  the  Limits  of  the  faid  Town, 
which  have  not  been  difpofed  of  by  the  former  Commifiioners  or  Juflices,  and 
built  on,  agreeable  to  the  before  recited  Ad:  for  fettling  the  faid  Town,  but  in 
Tra.ifl  and  Confidence,  to  and  for  the  Ufes  in  the  before  recited  Ad  mentioned, 
and  lor  no  otht  r  Ufc  or  Purpofe  whatfoever  i  and  the  faid  Land  or  Lots  contained 
3ft  the  faid  Two  Hundred  and  Fifty  Acres  of  Land,  are  hereby  confirmed  to  the 

B  4  faidf 


282  LAWS    of    North-Carolina. 


ji.  D.  174S.    faid  Commiffioners  or  Juftices,  for  the  Time  being,  in  Fee,  to  the  Ufe  or  Ufes 
y ^.. — '  -j^  ^]^g  jf^^^  .\^  mentioned,  and  to  no  other  Ufe  or  l^urpofe  whatfoevcr. 

Tales  to  Lots  XIV.  PROVIDED  always,  and  be  it  further  EnaSied,  That  nothing  in 
fti'r'A'ft "  w 'be  the  afore-recited  Aft,  or  in  this  Ad,  fiiall  be  conftrued  or  extend  to  the  defeat- 
gooi.     '  ing  the  Title  to  any  Lot  in  the  fiiid  Town  which  hi\d  been  built  upon  and  im- 

proved before  the  firft  recited  Adl;  any  Thing  in  the  fame  to  the  contrary, 
jQOtwithftanding. 

Titles  tf>   Lots"'  XV.  AND  hs  it  further  Enacted^  by  the  Authcrity  aforefaid^  That  all  and 
purchiftd  of  the  ^ygj-y  Perfon  or  Perfons,  who  have  purchafed  and  paid  for  any  Lot  or  Lots  of 
«!,  "anTfav^ed",  Land  in  the  faid  Town  of  Newhrfu  of  any  of  the  Commiffioners  or  Juftices» 
■^cchred  i^ci,       ■yj.fu;int  to  the  above-mentioned  AcST of  Afiembly,  and  have  fully  complied  with. 
the  Conditions  in  the  faid  Act  mentioned  -,  and  all  Ferfons  which  hereafter  may 
purcliafe  and  pay  tor  any  Lot  or  Lots  of  Land  in  the  fiid  Town,  of  any  of  the 
CommiiTioners  hereafter  to  be  elected  and  chofen,  agreeable  to  this  Ad,  and  (hall 
iuTly  comply  with  the  Conditions  in  their  Deed  or  Grant,  and  the  above  reci- 
ted Ad  ot  Aflembly  •,  are  hereby  declared  to  be  inveftcd  with  a  good,  abfolute, 
and  indefeafible  Eifate,  in  Fee,  to  fuch  Lot  or  Lots,  and  the  fame  .are  hereby 
confirmed,  in  Fee,  to  fucii  Perfon   or  Perfons,  and  to  his  and  their  Heirs  and 
Affigns,  for  ever, 

Ti-ip.i  T.."t-,  msv  XVL  AND  be  it  further  Enaifed^  by  the  Authority  cforefaid.  That  all 
\la  roved  "'''"'^  Water  or  Front  Lots,  adjoining  the  Streets  or  Lots  of  the  faid  Town  of  New- 
""^'"""^  '  hern    fliall  be  deemed,  held,  and  taken  to  be  Part  of  the  faid  Town  •,  and  it  (hall 

atid  may  be  lawful  for  any  Perfon  to  take  up  the  fame,  and  build  thereon,  any 
Wharf  Wharehoufe,  or  other  Improvements,  as  they  fliall  think  proper,  after 
eivin'>-  Three  Months  Notice  to  the  Owner  or  Ov/ners  of  fuch  Lots  as  (hall  fronC 
fuch  Vi'  ater  Lots. 

Clerk  to  b=jp-       XVII.  AND  be  it  Enacted,  by  the  Authority  aforefaid,  Jhaz  it  fhall  and  may 

pointed,  wiio     ^^  lawful  for  the  Commiflioners  aforefaid,  to  choofe,  employ,  and  agree  Avith  a  pro- 

>-,!lntr=nd  re-  per  PcrfoH,  as  Clerk  of  the  faid  Town  •,  which  Clerk  is  hereby  required  to  keep 

pifter  ^h-frein  all  ^  f^^jj- gj^d  rcgular  Joumal  of  all  the  Proceedings  concerning  the  faid  Town,  and 

ToXV^eVor" the  reoifter  therein  all  Deeds  given  by   the  Commiflioners  lor  Lots,    entered  and 

llli!^-  '*  "'•     taken  up,  for  which  he  fliall  receive,  from  the  Owner  or  Taker-up  of  the  faid 

Lot,  Two  Shillings  and  Eight  Pence,    Pioclamation  Money,   and  no  more ; 

which  faid  Book  or   Journal  fliall  be  free  for  any  Perfons  Perufal,  on  paying 

One  Shilling,  Proclamation  Money,  under  the  Penalty  of  Twenty  Shillings,  like 

Money ;  to  be  recovered  from  the  faid  Clerk,  in  Manner  aforefaid,  for  every 

ilich  Refufal  or  Negled,  to  be  recovered  as  aforefaid. 

NewPJantob-  XVIII.  A  N  D  be  it  further  EiwMed,  by  the  Authority  aforefaid.  That  the 
made,  and  hid  Qommiflioners  of  NezvberK,  fhall  caufe  to  be  made  a  new  and  correct  Plan  of  the 
t'er^^'f^'^S  Af-  faid  Town,  with  proper  Defcriptions,  and  Ixy  the  fame  before  the  Governor, 
f.rabiy.  Council,  and  General    Aflembly,  at  their  next  Skting  ;  which  Plan,  v/hen  ap- 

proved of  by  them,  fliaii  be  deemed  and  taken  to  be  the  true  Plan  of  the  faid 
Town,  and  no  other  Plan  to  be  admitted :  Provided,  That  in  the  fame  Plan  fo 
to  be  made,  Regard  fhall  be  had  to  the  firft  Owner  of  every  faved  Lot,  to  pre- 
ferve  his  Title  thereto,  aitliio'    it  fliould  appear  that  the  fame  was  mifnumbtred. 

,  •  XIX.  A  N Dbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and 
5t^d°'fn*V'  every  Perfon  or  Perfons,  who  have  or  hold  Lots  already  faved  in  the  faid  Town, 
Mnnth^^  iifter^^  ^^1  ^|^^^^  j^^^jj  hereafter  lave  any  Lot  or  Lots  in  the  faid  Town,  fuch  Perfon  ftr 
S.'^'of  "tbl  ■'  Perfons  (hall,  within  S;x  Months  after  the  Pvatification  of  this  A6t,  rcgiiler  all 

Cunvsyjr^cc.  ft.ich 


L  A  V/  S    of    North-Carolina.  2-83 


fuch  Lot  or  Lots  already  faveJ,  with  the  Regift  r  of  the  0id  County,  or  within  \^'^]^^ 
Six  Months  alter  the  Date  of  luch  Deed  or  Conveyance; 

XX.  AND  he  it  EnscleJ,  by  the  Authority  afcrefaid.  That  the  Claufe  in  the  R^P"i^°sGi».fe. 
before  re-cited  AiS,  anu  fo  much  thereof  as  relates  to  the  appointing  Com million- 
cts  or  Juftices  for  the  Town  of  Newbern^  be,  and  is  hereby  repealed,  to  all  In- 
tents and  Purpofes. 


CHAP.     VII. 

:An  Act,  to  alter  and  amend  an  A6l^  intituled^  An  Ad,  for  appointixng 
Commiffioners  to  rcvife  and  print  the  Laws  of  this  Province;  and 
for  granting  unto  his  Majefty,  for  defraying  the  Charge  thereof,  a 
Duty  on  Wine,  Rum,  and  diftilled  Liquors,  and  Rice  imported  into 
this  Province. 

H  E  R  E  A  S  the  reviung  and  printing  the  Laws  of  this  Province,  pieaaw*, 
tho'  fo  v(  ry  much  'v/anted  and  defn-ed,  hath  hitherto  met  with  unex- 
pcfted  Delay  :  For  Remedy  whereof, 

■.  II.  W  E  pfay  your  mofl:  Sacred  Majefly  that  it  may  be  Enac'bed,  And  be  it  En-  AiioTvance  to  tu 
dcted.,  by, bis  Lxcdkncy  Gabriel  Johnlfon,  Efqy  Gcverncr^  by  and  with  the  Advice  ^J^""%'^"\ 
and  Confent  of  his  Majcfifs  Coiincily  and  General  Ajfcmhly  of  this  Pnovince,  and  Lawt. 
it  is  hereby  Enacted^  by  the  Authority  of  famey  That  fuch  CommiflTjoner  or  Com- 
niifiionfTS  only  in  the  above  rtcited  Act  mentioned,  wiio-lhali  rcvife  and  com- 
pile the  Lavs's  of  this  Province  into  one  Body,  and  make  an  Index,  Marginal 
Notes,  and  References  thereto^  ready  to  be  laid  before  the  General  Aflembiy,  by 
them  to  be  rutilied  and  confirmed,  ihaii  have  and  receive,  to  his  and  their  own 
Lfe,  the  Sum  of  Sixty  Pounds^  Proclamation  Money,  in  the  faid  above  recited 
Law  irientionedft.  and  in  Order  to  enable  the  faid  Commifiioncr  or  Commiffioners 
to  procure  sn  able  Clerk  or  Clerks  to  expedite  the  fame,  he  or  they  fhall  have 
and  receive  the  additional  Sum  of  Forty  Pounds,  Proclamation  Money  •,  to  be 
paid  by  the  General  Aflembly,  out  of  t.he  Duty  already  arifcn  by  Virtue  of  the 
Lid  A<5t ;  and  in  Cafe  any  IJeficiency  fhall  happen,  then  the  faid  CommiiTioner 
or  Commifiioners  fhall  be  paid  the  fame  out  of  the  Public  Treafury  :  Provided 
the  faid  Laws  fnall  be  revifed,  compiled,  and  com  pleated,,  ready  to  be  laid  before 
thp  General  Aflembly  of  this  Province,  within  the  Space  of  Five  Months,  next 
after  the  Ratification  of  tliis  Act,  or  at  the  firfl  Meeting  of  the  General  Afiembly 
sifter  that  Term,  and  not  otherwife. 

III.  A  N  D  be  it  further  Enal^ed^  by  the  Authority  aforefaid^  That  fuch  Com-  Cofnm;ffione*»  ta 
mifTioner  or  CommifTioners,  who  fliall  revife  and  compile  the  laid  Laws  as  afore-  T-ILg"" /r'*5 
fiid,  after  the  Ratification  of  the  fame,  fhall  print  them,  together  with  fuch  other  Y^ars,  .nd  lool. 
Laws  as  fhall  be  pafTed.  to  the  Time  of  fuch  Ratification,  and  fhall  have  the  ^^^  ?""""«' 
Benefit  and  Advantage  of  the  Ible  printing  and  vending  the  faid  Books,  for  the 
Space  of  Five  Years  •,  and  alfo,  have  and  receive,  to  his  or  their  own  Ufe,  for 
printing  and  delivering  the  feveral  Books  of  the  faid  Laws,  mentioned  in  the 
ibove  recited  Act,  fo  revifed  and  compiled,  the  Sum  of  One  Hundred  Pounds, 
Proclamation  Money ;  and  may  lawfully  take  and  receivfe  the  Sum  of  Twenty 
Shillings,  Proclamation  Money,  for  eacfh  bound  Book  by  him  or  them  printed 
and  fold,  and  no  more. 

IV.  AIJJ} 


284  "^^^  ~1,  A   W   S    of    North-Carolina. 

ji.  D,    1748. 


-V-- 


iV.  AN D  be  it  further  Ena£ted\,  That  the  faid  Laws  fo  revifed,  compiled, 
be'"g;veQYrrEvU  snd  printed,  by  one  or  more  of  the  CommifTioners  aforcfaid,  and  ratified  by  the 
dsnte.  General  AlTembly,  as  aforcfaid,  fliall  be  allowed  to  be  given  in  Evidence,  and, 

to  all  Intents  and  Furpofes,  be  as  good  and  valid  in  Law,  as  tho'  they  had  been 
revifed,  compiled,    and  printed,  by  all  the  Comminionersi  or  the  Majority  of 
them  :  And  all  Perfons  are  hereby  prohibited  to  import  or  vend  any  printed  Book 
fonToff-idng  ^ny  or  Books  of  thc  faid  Laws  in  this  Province,  other  than  fuch  Perfon  or  Perfons  as 
tor  Sale,  without  f^all  bc  authorized  and  impowered  by   the  Comniiflioner  or  CommifTioners  who 
'^'^'  adlually  revifed,  compiled,  and  printed  the  fame,  under  the  fame  Penalties,  and 

to  be  recovered  in  the  fame  Manner,  as  is  prefcribed  in  the  A61  firft  above  re- 
cited, in  Cafe  the  whole  Number  of  Commifiibners,  or  the  Majority  of  them, 
had  revifed,  compiled,  and  printed  thc  faid  Laws  j  any  Lawj  or  Claufe  of  * 
Law,  to  the  contrary,  notwithftanding. 

SIGNED  b/ 

Gabriel  Johnston,  Efq;  Governor^ 

•    Nathaniel  Rice^  Prefidenu 

Samubi.  Swa«w,  Speaker* 


■jp-     -Jn      'srf     19: 


W 


I9#9 


Anno 


wyr 


LA     IV    S      of     N  O  R  T  K  -   C  A  R_0  t  I  N  A. 


285 


A.  D.    1749. 


Rist 


^ 


Anno  Regni 


G  E 


II, 


Regis,  Magnce   Britannii^,  Francis,  6c 
Hibern'r^,  Viceffimo  Secundi. 


At  a  General  ASSEMBLY,  held  at  Nc^berfiy  the  o  *  • « » « t 
Fourteenth  Day  of  April,  in  the  Year  of  our  Lord  One  E^roownw.* 
Thoufand    Seven  Hundred   and  Forty  Nine. 


CHAP.    1; 

]dn  additional  A5i  to  an  ASi,  intituled^  An  kOt',  for  forming  a  Rent- 
^oll  of  all  the  Lands  holden  in  this  Province,  for  quieting  the  In- 
habitants in  their  Poffeffions,  and  for  directing  the  Payment  of  Quit- 
Rents. 

^*  \Kf  ^  E  ^  E  A  S,  by  an  Aft' of  the  General  AfTembly  oF  this  Province,  paf-  p.emMc, 

Vy  fed  the  Sixteenth  Day  of  OSiobery  in  the  Year  of  our  Lord  One  Thou- 
fand Seven  Hundred  and  Forty  Eight,  intituled.  An  ASti  for  forming  a  Rent- 
R.0II  of  all  the  Lands  boldcn  in  this  Province^  for  quieting  the  Inhabitants  in  their 
Poffeffionsy  and  for  diretfing  the  Payment  of  ^itt-Rents ;  it  is,  among  other 
Things,  Enaded,  that  the  Quit-Rents  hereafter  to  be  paid  for  any  Lands  already 
granted  within  (his  Province,  or  which  have  been  adually  poffeffed  by  any  Per- 
fon  for  tJie  Space  of  Twenty  Years  laft  paff,  fliall  be  paid  in  Proclamation  Mo- 
ney, at  the  Court-ho6fe  in  the  County  where  fuch  Land  lieth,  or  in  Infpeftors 
Notes  for  Tobacco,  at  Ofie  Penny  Proclamation  Money_,  />«■;•  Pound,  or  Jndico,  at 
Four  Shillings,  Proclamation  Money,  per  Pound,  good  and  merchantable,  and 
^ch  as  the  Jnfpeftor  (hail  judge  will  be  intituled  to  the  Bounty  given  by  Aft  of 
Parliament,  being  well  infpefted,  after  the  fame  Mafiner  as  1  obacco  is  to  be  in- 
fpected  for  Payment  of  Public  Taxes,  if  delivered  at  fuch  Infpectinghoufes  as 
are  appointed  by  Law,  where  Boats  or  Pettiaguas  may  conveniently  go  to  receive 
the  fame  ;  and  provided,  that  the  Tobacco  to  be  delivered  at  fuch  Houfes,  fhall 
not  weigh  lefs  than  Nine  Hundred  Weight,  Nctt  Tobacco,  in  each  Hogfhead  i 
And  whereas  large  Arrears  of  Quit-Rents  are  now  become  due  to  his  Majcfty^ 

C  4  and 


286  Laws    of    North-Carolina. 

'■i-  o.   1749,    gjij(^  ^-Q  tj-12  Right  Honourable  die  Earl  of  Granvilley  and  no  Provifion  being  made 


-*v — 


in  the  betore  recited  Act,  as  a  Fee  to  the  Sherits  of  each  County  for  executing  a 
Warrant  gf  Diftrcfs  on  t;he  Detaultcrs 


shrrifs  Fees  for  II.  B  E  it  therefore  Enacted^  by  his  Excellency  Gabriel  Johnllon,  Efq%  Gover- 
D  ftrefs  tor  Quit-  ^^y.^  jy.j  ^„j  ,^^^/_,  ^^^  jlihice  c.nd  CcvjeiU  of  his  Majcflfs  Council,  and  General  Af- 
fembly  of  .this  Province^  That  from  and  after  the  paiiing  of  this  Act,  every  She- 
riff" of  any  County  in  this  i-'rovince,  or  other  i'erfon  who  Ihall  be  appointed 
Deputy-Receiver  of  his  Majtily's  Quit-Rents,  or  Collector  and  Receiver  of  the 
Quit-Rents  due  to  Earl  Granpfllej  fhall  have  and  receive  the  fame  Fees  for  exe- 
cuting a  Warrant  of  Diftrefs,  as  are  appointed  by  Law  in  Cafes  of  Executions  at 
the  Common  Law;  and  Ihall  be  fubject  to  the  fame  Penalties  for  any  Exaction, 
or  receiving  more  tl\an  fuch  Allowances  as  are  in  that  Cafe  made  and  provided. 

Auditor  to  tranf-       III,  ^AND  in  Otx^er  to  prevenrMy  Miilakes  that  may  arife,  by  the  Receiver-^ 
^.'^' r"''^  ^1.  General,  or  the  Earl  GV^a^-rji/Zt^'s  Collector  or  Receiver,  their  not  knowing  what 

Months,    10   til-  '  r  -i    f  t\       ^  1 

Rec«ivcr-G-nc.   Lands  arc  transferreo  irom  one  rerlon  to  another  within  this  Province,  either  by 
c!.nvfr3''ces&"^  WilU  mefne  Conveyance,  or  other  Transfer ;  Be  it    Enacted^  by  the  Authority 
on  Kn.  as.  6(1.  aforefdid.  That  the  Deputy- Auditor  for  the  Time  being,  Ihall,  every  Six  Months, 
forev;r>N«;g!cct.  j,.^j^^,^j^  j.^  the  Receiver-General  for  the  Time  being,  the  fame  Extrafts  of  all 
fuch  Legacies,  mtlhe  Conveyances^  or  other  Transfers  of  Land  from  one  Perfoa 
to.  another,  as  he  fhallj  from  Time  to  Time,  receive  from  tli^  Secretary  of  this 
Province,  or  from  the  Rcgifttrs  of  each  County  refpcdivfly,  under  the  Penalty 
of  Two  Shillings  and  Six  Pence  Proclanwtion  Money,  for  each  Extrad  he  fhall 
neglc(5l  fo  to  tranfmit ;  to  be  recovered  as  other  Penalties  are  direfted  to  be  reco- 
vered by  the  afore  recited  A6t ;  the  faid  Extrafts  to  contain  the  Names  of  all  the 
Parties,  the  Number  of  Acres  of  Land,  where  fcituated,  and  ap.what  Quit-Rents 
the  faid  Lands  are  held* 


r«.f.a>t«whniii       ^^'  -^^"^J^  be  it  further  E7tacted,  That  after  the  Regifter  or  Secretary  fhallj 

r-:.ndsare<ievif.d  as  bcforc  mentioned,  tranfmit  fuch  Lift,  as  aforefaid,  the  Perfon  to  whom  fuch, 

fhro^uKius.''^  mefne  Conveyance  is  made,  or  to  whom  any  fuch  Lands  fhall  bcdevifed  by  Will* 

fhall  (all  Arrears  of  Quit-Rents    being  firft  paid)  only  be  chargeable  with  the 

Quit-Rents  of  fuch  Land,  and  no  other  Perfon  whatfoever:  Any  Law,  Ufage^ 

or  Cuftom,  to  the  Gontrary,  notwithftanding. 


ttefj. 


uepuiiition  rf  V.  AND  in  order  to  prevent  any  Complaint*;  that  may  arife  by  Miftake  on 
WirranwofD.f-  Warrants  of  Dillrefs  to  be  ilfucd  againft  Detaultcrs,  of  the  exadl  Sum  which  Ihall 
be  due,  and  which,  from  the  great  Number  of  Defaulters,  and  the  Length  of 
Time  they  have  been  in  Arrear,  may  probably  happen  •,  Be  it  En-aSled^  by  the 
Authority  aforefaid.  That  where  any  Warrant  of  Diilrefs  fiiall  be  iiTued  by  the 
Receiver-General,  or  the  Earl  Ci'anville's  Receiver,  to  be  levied  on  any  Defaulter, 
and  the  fud  Defaulter  fhall  think  himfclf  overcharged,  oi  that  the  Sum  mention- 
fed  in  the  fiid  Warrant  is  not  due  to  the  Crown,  or  to  the  Earl  of  Granville  ;  in 
fuch  Cafe  the  faid  Defaulter  fliall,  and  is  hereby  required,  to  produce  his  laft 
Receipt  for  the  Quit-Rents  of  fuch  Lands  as  the  Warrant  Ihall  be  ifTued  for,  and 
Ihall  be  accountable  only  from  the  Date  of.  fuch  laft  Receipt  ^  but  if  fuch  laft 
Receipt  fhall  be  loft  or  miflaid,  and  the  Defaulter  fhall  apprehend  he  is  over- 
charged in  the  faid  Warrant,  that  then  fuch  Defaulter  fhall  make  Oath,  before 
any  Magiftrate,  That  fuch  laft  Receipt  is,  bona  fide,  loft  or  miflaid,  or  otherwifc 
not  in  his  Power  to  produce,  and  he  verily  believes  in  his  Confcience  he  is  not  in- 
debted to  the  Crown,  or  the  Earl  Granville^  in  the  Sum  mentioned  in  the  War- 
rant :  In  which  Cafej  the  Sheriff  of  the  County  or  other  Deputy  to  whom  the 
Warrant  (hall  be  direded,  Ihall  ftop  all  Proceedings  for  that  Time,  and  make 
Report  thereof  to  the  Receiver-General,  or  the  Earl  Granville's,  Receiver,  in  or- 
der to  redify  the  faid  Miftakc ;  if  any  otherwifc,  the  faid  Defaulter  Ihall  be  ac- 
countable 


L  A  tV  S    of    North-Carolina.  2S7 

tountabie  for  the  whole  Sum  mentioned  in  the  faid  VVarranc ;  ind  the  Shqnif  or    '^  ^'   '^■'^' , 
Tothcr  Deputy  Ihall  levy  the  fame  accordingly.  *"        v        ' 

VI.  P  RO  FID  £  Di  That  no  Didrrefs  be  made  upon  any  Negro  or  Negroes,  j^^  ^.^^^^^  ^^^^ 
Ox,  or  Oxen,  Horfe,  or  Horks  of  the  Plough,  nor  any  neceliary  Utcnfiis  ior  made  on' Ne-* 
Huftandry,  where  other  fufficitnt  Diftrefs  is  produced  5  and  that  all  Diilrtires  s^"***  *=• 
made  in  Vimie  of  this  Act,  fliall  be  fafcly   kept  by  the  SheriiF  or  other  rerfon 
making  the  fame,  until  the  Second  Day  of  the  next  fubfequent  Court  of  the 
County  where  fiich  Dillrefo  (hall  be  made^  and  fiiail  then  be  fold  for  Gold,  Silver, 
3ills,  or  Irtfpedors  Notes  foi:  Tobacco,  and  Indico,  by  the  faid  Sheriff,  or  other 
"Perfon  making  flich  Diftrefs,  ^  aforcfaid,  (except  redeemed  before  that  lime  by 
the  Perfon  from  whom  talcen)  at  Public  Vendue,  to  the   highcft  Bidder ;  the 
Surplus  of  fuch  Diftrefs,  if  any,  after  the  Quit-Rent  and  Officers  Fees  deducted, 
ihall  be  returned  to  the  Perfoa  from  v/hom  fuch  Diitrcfs  ihall  be  taken. 


m:^ 


*\ 


'  VII.  AND  v/hereasi  in  the  befoi'e  recited  Act  no  Allowance  is  made  to  any  Allowance  for 
Perfon  or  Perfons  for  the  Hcgfhead  in  which  any  Tobacco  may  be  paid  for  ^"9^""  ^*''** 
Quit-Rent?,  agreeable  to  the  faid  Act  -,  Be  ii  Ena£led,  by  the  Authority  ajorefaid^ 
That  all  and  every  Perfon  and  Perfons,  who  ifiall  pay  Tobacco  in  Hogiheads 
agreeable  to  the  faid  Act,  fliall  be  allowed  Three  Shillings  Proclamation  Money, 
for  each  Hoglhead,  in  which  Ihall  be  contained  ^Im.  HundJC^ti,,i:!epnds  of  Nett 
Tobacco.  Vtiiidl% 


C  H  A  P.    IL 

An  ASii  for  the  Relief  of  poor  Debtors,    as  to    the  I?npn]omnent'\ 

their  Perfons. 

I.  "p  ^  ^  ^^  Enalied,  by  his  Excellency  the  Gcnernor,  Council^  and  General  Jf-  Pr^f^rers  ft.r 
JP>  fembly  of  this  Province^  That  if  any  Handicraft  Tradefman,  or  any  other  °tmferve7'"o 
Perfon  whatfoever,  fhall  be  in  Prifon  within  this  Province,  on  mefne  Procefles,  wonh' 4os."°t<i 
or  Execution,  for  any  Debt  above  Fort/  Shillings  Proclamation    Money,  and  "^^ ''^ " ''-'''"ty' 
hath  no  vifibie  Eftate,-  Real  or  Perfonal,  and  fliall  make  Oath,  before  the  Court 
of  the  County  where  he  is  in  Prifon,  or  in  the  Vacation,  before  fome  Two  Juf- 
tices  of  the  Peace  for  that  County,  being  both  prefent  togethefj  the  Creditor  or 
Creditors  at  whofe  Suit  he  is  confined  being  firft  perfonally  fummoned  to  appear 
at  the  fame  Time^  That  he  hath  not  the  Worth  of  Forty  Shillings  Sterling  Mo- 
ney, in  any  worldly  Subftance,  either  in  Debts  owing  to  him,'  or  otherwife  how- 
foever,  over  and  befides  his  wearing  Apparel,-  working  Tools,  and  Arms  for 
Mufler  i  and  that  he  has  not,  at  any  Time  fince  his  Imprifonment,  or  before, 
direclly,  or  indiredly,  fold,    afTignd*  or  otherwife  difpofed  of,  or  made  over, 
in  Truft  for  himfelf,  or  otherWife,  any   Part  of  his  Real  or.  Perfonal  Eflate,, 
whereby  to  have  or  expeft  any  Benefit  or  Profit  to  himfelf,  4[  'to  defraud  any  of 
his  Creditors  to  v/hom  he  is  indebted  %  and  if  there  be  no  Perfon  prefent  that  can 
prove  the  contrary,  then  fuch  Perfon,  by  fuch  Court  or  Juftices,  without  Forrrr 
of  Trialj  fhall  immediately  be  fet  at  Liberty,  and  fhall  fland  for  ever  difcharged 
of  all  fuch  Debts  fo  fued  for,  and  all  Colls  of  Suit :  But  in  Cafe  fuch  Perfon  fhall 
afterwards  be  difcovered  to  have  fworn  falfly,  he  fhall  be  indifted  for  Perjury  -, 
and  if  convicted,  fhall  lofe  both  his  Ears  in  the  Pillory,  and  b^  liable  to  fadsfy  the 
Debt  and  Damages. 

II.  JNB  he  it  further  EnatUd,  That  the  Juftices  of  the  Peace,  when  the  J;;f«'roc!!d4l 
Proceedhngs  are  before  them  out  of  Court,^  fhall  put  the  fame  in  Writing,  under  U  g/coun  v« 

their 


— ^ '^    ^'  .  ^^ 

adS  L    ^     JV    S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

I         ■  —  , 

yj.  D.  1749-  their  Hands,  and  return  the  fame  into  the  Court  from  whence  the  Execution 
''— — v^  *  ilTued,  there  to  be  kept  on  Record,  under  the  Penalty  of  Five  Pounds  Procla- 
tni'^eR'tu'r"  (o  matioH  Money,  for  each  JuRice,  for  fuch  his  Omiflibn  or  Ne^^kfli  to  be  paid  to 
c  uTf,  on  i'=n.   ^1^2  Perfon  injured,  by  Order  of  the  faid  Court. 

p.rfmi  in  Exc-       i\\^  A  N  D  bc  it  fuYthr  EturSfcdj  That  if  arty  Pcrfoh,  charged  in  Execiitloa 
i^er°up  Ihlr  if    fcif  any  Sum  in  any   Prifon,  within  this  Province,  fliall  be    minded  to  deliver 
fsfts.  L.y  i'.t:ti-  up  aij  iiis  Effe<fts  to  his  or  her  Creditors,  it  fhall  be  lawful  for  fuch  Prifoner  to 
prefer  a  Petition  to  the  Court  from  whence  the  Pfocefs  ilTuedi  fetting  forth  the 
'    Caufe  of  Imprifonment ;  and  an  exa(5t  Account  of  his  or  her  Eftate,  and  all  Cir- 
cumftances  relating  thereto;  and  on  fuch  Petition,  the  Coui-c  Ihall  order  the  Pri- 
foner to  be  brought,    and  the  Creditor.*".,    at  whofc  Siiit  he  is  charged,  to    be 
fummoned  •,  and  on  the  Day  of  Appearance  if  any  of  the  Circditors  negleft  to 
appear,  on    Proof  made  of  the  due  Service  of  the  Court's  Order,  the  Cerort 
fhall  proceed  to  examine  the  Matter  of  the  Petition  in  a  fuhiiiiary  Way,  ar»d 
fhall  tender  to  fuch  Perfun  an  Oath,  to  the  Effed  following  : 

o»tk  t>>  b«  t.ktJi  T  A.  B.  do  folemvly  fwear^  in  the  Prefence  of  AlrHighty  God:,  nat  the  Account 
by  tie  D-btor.  I  ^^,  ^^  dcHveredy  with  my  -PetitioKy  info  thii  Courts  doth  contain  ti  full  and  true 
Acount  of  all  my  Real  and  Perfonai  Eftate,  Dehts^  Credits^  and  Effects  whatfoe- 
very  which  /,  o^  any  in  l^ruft  for  niCy  havei  or  at  the  Time  of  my  fdid  Petition 
hady  or  now  cany  of  thtn  waSy  in  any  Refpetty  intituled  tOy  either  in  Poffeffion, 
Remaindery  or  Reverjiony  (except  my  wearing  Apparel  for  myfelf  and  Family y  and 
the  'Tools  or  Inftnments  for  my  TradCy  and  Arms  for  Mufter y)  and  that  I  have 
HOty  at  any  Time  fince  my  Imprifoyimenty  or  beforcy  directly  or  indirecilyy  fold^ 
ilienedy  ajignedy  or  otherxvife  difpofed  ofy  or  made  overy  in  Truft  for  myfelfy  or 
otberwifey  other  than  is  mentioned  in  fuch  Accounty  any  Part  of  my  Landsy  E- 
fiatCy  Goodsy  Stocky  Moneyy  DeitSy  or  ether  Real  or  Perfonal  Efiatey  whereby  to 
have  or  expect  any  Benefit  or  Profit  to  myfelf,  or  to  defraud  any  of  my  Creditors  /• 
whom  I  am  iitdebtcd.  So  help  me  G6d. 

IV.  A  N D  he  it  further  Enactedy  That  if  luch  P&rfon  take  Ibch  Oath,  sftd 
Sd'^'SfrVuch  the  Creditor  be  Satisfied  with  the  Truth  thereof,  the  Court  may  order  the  EfFeds 
SuWer,  and  contained  in  fuch  Account,  or  fo  much  as  may  be  fufficient  to  fatsfy  the  Debts 
o*th  uk'M,  ^^^  p^^^  ^^^  ^^  .^^^  Gbaleri  to  be,  by  an  Indorfment  on  the  Back  of  the  Petiti- 
on, figned  by  the  Prifoner,  afTigncd  to  the  Creditor  or  Creditors,  or  to  one  or  more 
of  them,  in  Truft  for  the  refl ;  and  by  fuch  AfTignment,  the  Eflate  and  Proper- 
ty of  the  Lands,  Goods,  Debts,  and  Effeds,  fhall  be  vefled  in  fuch  Creditor  or 
Creditors,  in  Trufl,  as  aforefaid,  and  the  Prifonet  fliall  be  difcharged  out  of 
Cuflody,  by  Order  of  the  Court,  without  Fee^  and  the  Perfon  or  Perfons  to' 
whom  the  EfFeds  Oiall  be  affign'd,  paying  the  Fees  to  the  Coaler,  fhall  divide 
the  EfFeds,  in  Proportion  to  their  Debts :  But  if  the  Perfon  or  Perfons  at  whole 
Suit  the  Prifoner  is  in  Ejtecution,  fhall  defire  Time  to  inform  himj  her,-  or  them- 
felves,  the  Court  fhall  remand  the  Prifoner,  and  dired  him,  and  the  Perfon  or 
Perfons  difTatisfied,  to  appear,  at  a  Day,  in  the  next  fucceeding  Court  •,  and  if  at 
fiich  Day  the  Creditor  or  Creditors  make  Default,  or  if  he,  fhe,-  or  they,  be  un- 
able to  make  Difcovcry  of  any  EfFefts  of  the  Prifoner  omitted  in  his  Petition,  or 
to  fhew  any  Probability  of  his  having  being  forfworn,  the  Court  fhal)  eaufe  the 
Prifoner  to  be  difcharged,  unlefs  fuch  Creditor  or  Creditors,  on  his  being  detain- 
ed, agree,  by  "vVriting,  to  pay  the  Prifoner  Ten  Shillings  Proclamation  iMoney; 
by  the  Week,  to  be  paid  Weekly,  fo  long  as  he  or  fhe  fhull  continue  ih  Prifon  at 
his,  her,  or  their  Suit ;  and  on  Failure  of  Payment,  the  Prifoner  fhall,  on  Ap- 
plication made  to  the  Court,  be  difcharged  by  Order  :  And  in  Cafe  the  t;rifQner 
ihall  refufe  to  take  the  Oath,  or  fiiali  be  dcteded  of  Falfity  therein,  he  fhall  be 
remanded^ 


L  A  IV  S    of    North-Carol  I  N  A. 


2bO 


A.  D.    1749. 

V.  AND  be  it.  further  Ena£Jedy    That  the  Perfon  of  every  Debtor  fo  dif-  '^CtlX.l'ZL 
charged,  fhall,  never  after,  be  arretted  for  the  fame  Debt;  but  the  Judgment  otLr" Aireit 'L 
.(hall  remain  in  Force,  and  Execution    may   be  taken  out  againft  his  Lands  or  '"'*'  '^''''■ 
Goods,  (his  wearing  Apparel  for  himfclf  and  Family,  Tools  for  his  Trade,  and 

Arms  for  Mufter:,  excepted.) 

VI.  J  N  B  be  it  further  EnaEled^  That  if  any  Perfon  who  fhall  take  fuch  i^^ttor  commit- 
Oath,  fhall,  upon  Indiftment  of  Perjury,  be  convidled  thereon,  he  fliall  fuffer  tl" Va'« "- he  b^! 
all  Pains  of  v/ilful  Perjury,  and  fhall  be.  liable  to  be  taken  on  a  new  Procefs ;  and  ncfit  of  thi.  Adt* 
Ihall,  never  after,  have  the  Benefit  of  this  Ad, 

VII.  AND  be  it  further    Enacted^. T\id.l  if  the  Eftedls  affigned  Ihall  not  EMea, ,ot  fufs, 
extend  to  fatisfy  the  whole  Debts  due  to  the  Perfon  or  Perfons  at  whofe  Suit  fuch  '''"''  cr.c!it.,r. 
Prifoner  was  charged,  and  the  Fees,  there  fliall  be  an  Abatement  in  Proportion  j^rtion!  '" 
and  the  Goaler  Ihall  come  in,  as  a  Creditor,  for  his  Fees. 

VIII.  AND  he  it  further  Enacted'^  That  no  Perfon,  charged  in  Execution,  Petition    fo  ^ 
fhall  be  allowed  to  petition  by  Virtue  of  this  Acb,  unlefs  luch  Prifoner  do  exhi-  "''''>'f<"<'  within 
bit  his  Petition  to  the  Court  from  whence  the  Execytion  ilTued,    within  Six  ^""''"' 
Months  after  fuch  Perfon  ihall  be  fo  charged  in  Execution. 

IX.  AND  be  it  further  Enacted^  That  where  by  this  Ad  an  Oath  is  required,  Q^.ker-s  Affit- 
the  folemn  Affirmation  of  a  ^^-^^r  fnall  be  taken,  in  Lieu  thereof;  and  every  ""^'i""  aHowed, 
Perfon  convifted  of  wilful  and  falfe  affirming,  fhall  fuffer  the  like  Penalties  as 

for  wilful  and  corrupt  Perjury. 


CHAP.     III. 

An  ASf,  for  the  Encouragsment  of  James  Davis,  to  fet  up,  and  carry 
on,  bis  Biifnefs  of  a  Printer,  in  this  Province;  and  for  other  Purpofes 
therein  mentioned, 

^-  WJ  E  pray  it  may  be  Enaded,  And  he  it  Enabled,  by  his  Excellency  Ga- 
,  Vy  briel  Johnftcn,  Efq^-,  Governor,  by  and  with  the  Advice  arJ  Confent  ^y ''""^"•s  3^^. 
his  Majeflfs  Council,  and  the  General  Affembly  of  this  Province,  and  by  the  Au- 
thority of  the  fame.  That  the  faid  James  Davis  fhall  be  allowed  and  paid  by  the 
Public,  the  Yearly  Salary  of  One  Hundred  and  Sixty  Pounds  Proclamation  Mo- 
ney, for  the  Work  and  Services  hereafter  mentioned,  to  be  done  and  performed  ' 
by  him. for  the  Public  ;  and  that  the  faid  Salary  fhall  begin  and  commence  from 
fuch  Time  as  the  faid  Jantts  Davis  fhall  have  fet  up  his  Prefs  at  Nevobern,  in  this 
Province,  and  be  ready  to  proceed  on  his  Bufmefs  of  Printing ;  and  fhall  continue 
for  the  Space  of  Five  Years,  provided  the  faid  James  Davts  fliall  fo  long  live, 
and  perform  the  faid  Services. 

II.  ANDbt  it  further  Enacted,  X^iat  the  faid  James  Davis,  in  Confideration 
of  .the  faid  Salary,  fhall,  and  he  is  hereby  required  and  direded,  to  refide  in  SHit'  ^"* 
Newbern  aforefaid,  and  to  print,  with  the  fame  Type  or  Letter  with  which  his  ' 
Petition,  now  laid  before  this  Houfe.  ia  printed  on,  at  every  Sefllons  of  AlTem- 
bly  in  this  Province,  the  Speeches  and  AddrcfTes  at  the  Opening  of  each  SefTion  • 
alfo  the  Journals  and  Proceedings  of  the  Houfe  of  Burgefies  ;  and  deliver  Copied 
Liereof  to  each  Member  who  Ihall  attend  at  fuch  ScfTion ;  and  ffiall  alfo,  as  foon 
as  the  fame  can  or  may  be  done,  print  all  fuch  Laws  as  fhall  be  pafTed  at  each 

•*^  4  Seffions-,' 


290  L  A  J^y  S    of    North-Carolina. 

^'  ^  ''"^  Seffions,  and  (hall  tranfmit  one  Copy  of  them  to  his  Excellency  the  Governor, 
'"^"  and  one  to  each  Member  of  his  Majetly's  Honourable  Council,  and  alfoone  Copy 
to  each  Member  of  the  General  Aifembly  in  the  feveral  Counties  in  this  Province ; 
one  Copy  to  each  of  the  Clerks  of  the  Houfes  of  Affembly,  for  the  Ufe  of  the  faid 
Affembly  -,  one  Copy  to  the  Clerk  of  the  General  Court,  for  the  Ufe  of  the  faid 
Court  i  one  Copy  to  the  Clerk  of  each  refpe(5tive  CoUnty  Court  in  this  Province, 
for  the  Ufe  of  iuch  Court ;  and  alfo  one  Copy  to  each  and  every  Juftice  of  the 
jfeveral  Counties  within  this  Province-  not  exceeding  Twelve  Copies  to  be  fent  to 
the  faid  Juftices  of  any  one  County  -,  and  fupply  fuch  Copies  of  the  faid  Journals 
and  Laws  as  fiiall  or  may  be  necelfary,  to  be  tranfmitted  from  this  Province  to 
ihe  Board  or  Offices  in  England.,  as  ufual;  and  alfo,  fhall  print,  and  tranfmit  to 
the  proper  Places*  the  Public  Proclamations,  and  all  other  Ads  of  Government. 

rieri<«to  deliver  jll.  AND  be  it  further  Enacted-,  by  th::  Authority  afcrcfaid.  That  the  Clerks 
ivmtTr/'cn'rvn.  of  the  Council,  and  of  the  General  AlTembly,  for  the  Time  being,  the  Secretary 
ii  a5 1'.  of  the  Province  for  the  Time  being,  and  all  other  Officers  within  this  Province, 

Ihall,  and  they  are  hereby  required,  to  deliver  to  the  laid  James  Davis^  exami- 
ned and  atceftcd  Copies  of  all  fuch  Speeches,  Journals,  Laws,  Proclamations,  and 
"ill  Adls  of  Government,  in  their  .refpcdive  Offices,  which  are  herein  before  di- 
rected to.  be  printed,  at  fuch  Time  or  Times  as  the  fame  fhall  be  demanded  of 
them  by  the  faid  James  Dmis ;  and  that  if  any  of  the  faid  Officers  lliall  negledfc 
or  refufe  fo  to  do,  he  fliall  forfeit  and  pay  the  Sum  of  Twenty  Five  Pounds  Pro- 
clamation Money,  to  him  or  them  who  will  fue  for  the  fame :  Which  Ihall  and 
rnay  be  recovered  in  any  Court  of  Record  in  this  Province,  by  Adion  of  Debt, 
Bill,  Plaint,  or  Information  j  wherein  no  Protedion,.  Injunction,  or  V/ager  of 
Law,  iliall  be  allowed  or  admitted  of. 

Officers  Allow..  |V.  AND  hc  it  furthcT  Eudcted^  That  the  feveral  Officers  Ihall  be  paid  by  the 
ance  for  Copies,    p^^jj^jj^^  f^j.  ^U  fucli  Copics  as  they  are  hereby  required  to  make  out  and  deliver 

to  the  faid  James  Davisy  the  Time  Fees  and  Allowances  as  by  Law  or  Ufage  they 

have  a  Right  to  for  fuch  Services. 

tax  iai.i  to  ,uy  V.  A  N  D  for  tiie  Payment  of  the  Salary  herein  before  mentioned  to  the  faid 
the  Ssiaiy,  &c.  j^mes  DaviSy  and  the  Fees  and  Allowances  to  the  feveral  Officers,  for  fuch  Co- 
pies as  they  are  by  this  A6t  required  to  make  out,  and  deliver  to  the  faid  James 
Davis ;  Be  it  Enacted.,  by  the  Authority  aforefaid.  That  a  Tax  of  Four  Pence, , 
Proclamation  Money,  be,  and  is  hereby  laid,  for'  tlie  Space  and  Term  of  Five 
Years,  and  no  longer,  on  each  and  every  taxable  Perfon  within  this  Province, 
and  paid  as  the  County  and  Parifh  Taxes  are  paid  ;  and  fliall  commence  imme- 
diately after  the  Ratification  of  this  Ad :  And  lliall  be  colkaed  and  accounted 
for,  by  the  feveral  Sherifs  of  the  refpedtive  Counties  within  the  fame,  in  the  fame 
Manner,  and  under  the  fame  Penalties,  as  by  the  Laws  now  in  Force  they  are  to 
colled  and  account  for  the  Public  Tax. 

surpia^appropti-  VI.  AND  be  it  further  Enackd,  That  if  any  Surplus  of  the  Monies  arifing 
*"d.  ^y  Virtue  of  this  Ad  fhall  remain,  after  Payment  of  the  fliid  Salary  to  the  faid 

James  Davis,  and  the  Fees  and  Allowances  to  the  feveral  Officers,-  for  the  Copies 
that  fliall  by  them  be  delivered  to  the  faid  James  Davis,  by  Virtue  of  this  Ad, 
the  fame  fliall  be  apphed,  by  the  General  AlTembly,  for  and  towards  difcharging 
the  Public  Debts  of  this  Province.  •  * 

VII.  AND  be  it  further  Enacted,  by  ihs  Authority  aforefaid.    That  if  any 

r^MHint^nror  Pcrfon  or  Perfons  fliall  print,  fell,  or  offer  to  Sale  in'  this  Province,  within'  the 

felling  th.  i,.ws  Term  of  Five  Years  aforefaid,  any  of  the  Tournals  or  LaWs  aforefaid,  other  than 

&c.^of  ih,,  Pro-  ^^^^  ^^  ^^^j^  ^^  printed  by  the  faid  James  Davis,  without  the  Licence  of  the 

laid  James  Davis  -,  fuch  Perfon  or  Perfons  fliall  forfeit  and  pay,  to  the  faid  James 

Davis^  the  Sum  of  Five  Pounds,  Ppoclamation  Money,   lor  each  and  every 

Journal 


LAWS    ^NoRTH -Carolina.  291 

Journal  of  Law  of  any  Sefilons  fo  printed^    fold,  or  offered  to  Sale,  contrary  ^^-  ^'  '^*9J 
to  the  true  Intent  and  Meaning  of  this  Aft  j  to  be  recovered  in  the  fame  Man-  '^~ 

ncr  as  the  Penalty  firft  above  mentioned  in  this  Act. 

VIIL  AN B  be  it  further  EnaEledy  That  all  the  faid  Laws  that  (hall -be  prin-  Printed  Laws  to 
ted  by  the  faid  James  Davis^  by  Virtue  of  this  Act,  fhall  be  allowed  to  be  given  d^„^f'"  '"^''" 
in  Evidence  in  all  or    any  of  the  Courts  of  Judicature  in  this  Province,  and 
before  any  Magitlr^^tc  or  Magiftrates,  in  any  Matter  or  Controverfy  depending 
before  them. 


CHAP.     IV. 

2in  Act,  directing  t-be  Method  for    cutting  or  docking  Intaih  of  fmall 

EJiates. 

I.  TTTHEREAS  divers  Perfons  are  feired  of  fmall  and  inconfiderable  Preamble, 

VV  Pieces  of  Land,  in  Tail,  often  ignorantly,  without  Defign,  devifed, 
in  Tail,  by  their  Ancellors ;  and  the  Method  of  defeating  fuch  Eftates  in  Fee- 
Tail,  General  or  Special,  within  this  Province,  by  A6t  of  General  Affembly,  in 
fuch  particular  Cafe  to  be  made  and  provided,  is  found  too  expenfive  for  poor 
People,  feiz;2d  of  fuch  Land,  to  go  through  with  ;  and  therefore,  the  Docking 
Intails  by  fome  eafier  Method  will  be  a  great  Relief  to  fuch  poor  People  and  their 
Families,  whereby  they  would  be  enabled  to  purchafe  other  more  improveable 
Lands  and  Slaves ; 

II.  V^HEREFOREwe  humbly  pray  your  mofl:  Sacred  Majefty  that  it  Method efdocS:. 
may  be  Enacted,  And  be  it  Enacted^  by  his  Excellency  the  Governor^  Council  cmd  '"sint^is. 
General  Affembly  cf  this  Province,  That  it  fhall  and  may  be  lawful  for  any  Per- 
fon  or  Perfons,  feized,  in  Fee-Tail,  General  or  Special,  of,  or  in,  any  Lands  or 
Tenements  v/ithin  this  Province,  not  exceeding  the  Value  of  Fifty  Pounds 
Sterling  Money,  and  not  being  Parcel  of,  or  contiguous  to,  other  intailed  Lands 
of  the  fame  Parties,  to  foe  out  a  Writ,  from  the  Secretary's  Ofrice,  in  the  Na- 
ture of  an  Ad  quod  Damnuv?^  direfted  £0  the  Sheriff  of  the  County  where  fuch 
intailed  Lands  lie,  commanding  him  to  enquire,  by  good  and  lawful  Men  of  his 
County,  of  the  Value  of  fuch  Lands,'  and  whether  they  be  Parcel  of,  or  con- 
tiguous to,  other  intailed  Lands  of  the  fame  Party,'  as  aforcfaid  •,  and  fuch  She- 
riff Ihall  return  his  Inquifition  t6  the  faid  Office  :  And  if  the  faid  Lands  fhall  be 
found  not  to  exceed  the  Value  aforefaid,  and  to  be  a  feparate  Parcel,  as  aforefaid, 
then  a  Deed  of  Bargain  and  Sale,  feciting  the  Title  and  fuch  Inquifition,  (where- 
•  in  a  valuable  Confideration  fhall  be  exprelTed,  and,  bona  /^f,  paid)  acknow-. 
ledged  by  the  Party,  or  proved  by  Two  Witneffes,  before  the  Chief  Juflce,  or 
any  of  the  alTociatc  Judges,  or  in  the  Court  of  the  County  where  fxich  Lands 
may  lie,  within  Six-  Months  after  the  Date  thereof,  and  regiftred,  within  Twelve 
Months,  in  the  County  where  fuch  Lands  lie,  fhall  be  fufficient  in  Law  to  pafs 
the  Fee-Simple  Eftate  of  fuch  Lands  to  the  Purchafer  or  Purchafers  thereof ;  and 
the  Right  of  the  Iffue  of  the  Vender^  and  all  other  Perfons  in  Remainder  or  Re- 
verfion,  fhall  pe  barred,  in  the  fame  Mariner  as  the  fame  Eftate  might  be  barred 
by  Fine  and  Recovery,  according  to  the  Lav/s  of  England. 

S  T  G  N  E  D  by 

Gabriel  Johnston,  Efqj  Governor, 

Nathaniel  Rice^  Prefident, 

Samuel  Swann^  Speaker, 


L  A   fV  S    (j/'    North-Carolina. 


=93 


A.  D,    1749. 
V ^ * 


jfimj;* 


m 


\j^'^% 


GE 


Anno  Regni 

G  1 1   II 


E.egis,  Magnce   Britanniie,  Francis,  &C 
Hibernue,  Viceffimo  Tertio. 


At  a  General  ASSEMBLY,  held  at  Ntavhern,  the  g  a  »  r  1  z  ^ 
Sixteenth  Day  of  Otiober,  in  the  Year  of  our  Lord  One  e%"-''^°''' 
Thoufiind    Seven  Hundred   and  Forty  Nine. 


Governor, 


CHAP.    I, 

An  Aci^  to  put  in  Force  in  this  Provi?ice,  the  fever al  'Statutes  of  the  King- 
dom of  England,  or  South-Britain,  thereiii  particularly  jnentioiied. 


TXrHEREAS  many  of  the  Statute  Laws  of  the  Kingdom  of  England,  Preamble, 


!.   __ 

or  South-Britain^  by  Reafon  of  the  different  Way  of  Agriculture,  and 
the  different  Produftions  of  the  Earth  of  this  Province,  from  that  of  England, 
are  altogether  ufelefs,  and  many  others,  which  otherwife  are  very  apt  and  good, 
either  by  Reafon  of  their  Limitation  to  particular.  Places,  or  becaufe  in  themfelves 
they  are  only  executive  by  fuch  nominal  Officers  as  are  not  in,  nor  fuitable  for 
the  Conftitution  of  this  Government,  are  thereby  become  impradicable  here  : 

II.  jB  £  it  therefore  Enncced.,  by  his  Excellency  Gabriel  Johnfton,  Efqi  Cover-  statutes  enforce^'' 
nor,  by  and  with  the  Advice  and  Confent  of  his  Majefty's  Council,  and  General  AJ-  *>"«• 
jembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame. 
That  the  feveral  Statutes,  and  the  feveral  Paragraphs  or  Settions  of  the  feveral 
Statutes  of  the  Kingdom  of  England,  intituled  as  followeth,  and  made  and  en- 
afted  in  fuch  Years  of  the  Reigns  of  the  Kings  and  Queens  of  England  as  before 
the  Titles  of  the  feveral  Statutes,  as  in  this  A&.  fet  down,  are,  and  are  hereby  to 
be  in  as  full  Force,  Power,  and  Virtue,  as  if  the  fame  had  been  fpecially  En- 
abled and  made  for  this  Province,  or  as  if  the  fame  had  been  made  and  Enadtcd 
therein,  by^any  General  Affcmbly  thereof:  That  is  to  fay , 


E4 


MAG- 


294  LA   W   S    of    North-Carolina. 

A.   D.    1749. 

s^.,^ ;  MAGNA  CHART  A. 

•Q  Henry  III.  Chap,   i     An  A<5t,  for  Confirmation  of  Liberties, 

8  How  Sureties  fhall  be  charged  to  the  King. 

14  How  Men  of  all  Sorts  fhail  be  amerced,  and  by  whom. 

18  The  King's  Debtor  dying,  the  King  fhail  be  firft  paid. 

28  Wager  of  Law  fhail  not  be,  without  Witnefs. 

29  None  fhali  be  condemned  without  Tryal :  Juftice  fhail 

not  be  fold  or  deferred. 
34    In  what  only  Cafe  a  Woman  fhail  have  aft  Appeal  of 
Death. 

MEP^rON. 
20  Henry  III.  Chap,    i     A  Woman  fhail  recover  Damages  in  a  Writ  of  Dower. 
2     Wido<^"s  may  bequeath  the  Crofs  of  their  Lands. 

9  He  is  a  Baftard  that  is  born  before  the  Marriage  of  his 

Parents. 

MARLBRIDGE. 

f,2  Hen.  III.   Chap.  4    A  Diftrefs  fnall  not  be  drawn  out  of  the  County,  and 

it  fliall  be  reafonable. 

5  What  Kind  of  Manflaughter  fhail  be  adjudged  Murder. 
J  7     The  Authority  and  Duty  of  Guardians  in  Socage. 

23     A  Remedy  againft  Accomptants.     Farmers  Ihall  make 
no  Waile. 

IVESr  MINSr  E  R,  the  Firflr. 

c^  Echvard  I.  Ch:ip.    3     No  Penalty  for  an  Efcape;^  before  it  be  adjudged. 

^  4     What  fhail  be  adjudged  Wreck  of  the  Sea,  and  what  no6 

6  Amerciaments  fliail  be  reafonable,  and  according  to  the 

Offence. 
J  2  '  The  Punifhmenc  of  Felons  refuting  lawful  Tryals. 
14.     Appeal  againft  the  Principal,  and  Acceflory. 
23     None  fhail  be  diftrained  for  a  Debt  he  oweth  not. 
25     None  fhail  commit  Champerty,    to  have  Part  of  the 

Thing  in  Queftion. 
29    Penalty  on  a  Serjeant  or  Pleader,  committing  Deceit. 

GLOUCES'TER. 

6  Edward  t  Chap.  9    One  Perfon  killing  another  in  his  Own  Defence,  or  by 

Misfortune,  an  Appeal  of  Murder. 

i^ESTMINS-TERi  the  Second, 
J  3     El     h    Chap.  I     In  Gifts  in  Tail,  the  Donor's  Will  Ihall  be  obferved. 

The  Form  of  a  Formedon. 

1 1  The  Matters  Remedy  againft  their  Servants,  and  other 

Accomptants. 

12  The  Appellant  being  acquitted,  the  Appellor  and  Abet- 

tors Ihall  be  puniihed  :  There  fhail  be  no  Effoign  for 
the  Appellor. 
•  19     The  Ordinary  chargeable,  to  pay  Debts,  as  Executors. 
34    It  is  Felony  to  commit  a  Rapej  a  married  Woman 
with  an  Advouterer, 

37    ^<^ 


LAWS    of    North-Carolina.  295 

37     No  Diftrefs  fhall  be  taken,  but  by  Bailifs,  known  and    ^-  ^    '749-. 

fworn.  * -v—- ^ 

40     A  Woman's  Suit  fhall   not  be  deferred  by  the  Minority  • 

of  the  Heir. 

ARTICULI   SUPER    CHARTJS. 
?.S  Ed.     I.    Chap.   10     The  Remedy  againft  Confpirators,  falfe  Informers,  and 

Embracers  of  Juries. 

1 1  Nothing  fliall  be  taken  to  maintain  any  Matter  in  Suit. 

1 2  What  Diftrefs  fliall  be  taken  for  the  King's  Debt,  and 

how  it  fhall  be  ufed. 
i  6     What  fliall  be  done  with  them  that  make  falfe  Return 
of  Writs. 

S  T  A  T  U  T  E  the  Second. 

33  Ed.     I.  Who  be  Confpirators,  and  who  be  Champartors, 

S  T  A  T  U  T  E  the  Third. 
The  Punifliment  of  fuch  as  commit  Champarty. 

STATUTE  the  Fourth. 

34  Ed.     L    Chap.   I     The  King,  or  his  Heirs,  fhall  have  no  Tallage  or  Aid^' 

without  Confcnt  of  Parliament. 
4    All  Laws,  Liberties,  and  Cuftoms,  confirmed. 

S  T  A  T.U  T  E  the  Second.        - 
i     Ed.      Ih  In  what  Cafe  it  is  Felony  to  break  Prifon,  arid  what  not, 

I      Ed.     III.  Chap.  7     I-nquiry  fliall  be  made  of  Coalers,    which  by  Durcfsj 

compel  Prifoners  to  appeal. 

6  Juftices  fliall  have  Authority  to  punifli  Breakers  of  the 

Peace. 

8  No  Commands  under  the  King's  Seal  fnall  difl:urb  or 

delay  Juftice. 
4    Ed.     111.  Chap.  2     The  Authority  of    Jufliices  of  Afllze,  Goal  Delivery, 

and  of  the  Peace. 

7  Executors  fliall  have  Adion  of  Trefpafs   for  a  Wrong 

done  to  their  Teftator. 

9  Sherifs,  Bailifs  of  Hundreds,  and  Efcheator,  fliall  have 

fufficient  in  the  County. 
ID     Sherifs  and  Goalers  fliall  receive  Offenders  v/ithoiit  any 

Thing  taken. 
II     Jufl:ices  of  Afllze,  &c.    fliall  enquire  of  Maintainers,' 

Confpirators,  and  Champartors. 
5     Ed.     III.  Chap.  9     None  fhall  be  attached,  or  forejudged,  contrary  to  the 

Great  Charter,  or  the  Law.  » 

10  The  Punifliment  of  a  Juror  that  is  ambidexter,  and 

taketh  Money, 

1 1  Procefs  againft  thofc  that  be  appealed,  indided,  or  out- 

lawed, in  one  County,  and  remain  in  Another. 
14    Night  Walkcrsj  and  fufpected  Perfons^  fliall  be  fafely 
kept. 

10 Chap.     2     Pardons  fliall  not  be  granted  contrary  to  the  Statute  of  2 

Ed.  3,    Chap.  2. 

2-0  ■     ■   Chap,    4    None  fliall  maintain  any  Quarrels  but  their  own. 

6     Juftices 


296  LAWS    of    North-Carolina. 

^  ^-   '749^  6     Juftices  of  Afllze  (hall  enquire  of,  and  punifh  the  Mif- 

^  demeanors  of  Officers,  and  other  Offenders. 

S  T  A  T  U  T  E  the  Fifth. 

25  Ed-  IIL    Chap,     2     A  Declaration  which  Offences  ftiall  be  adjudged  Treafon, 

3  No  Indiclor  fhall  be  put  upon  the  Inqutll  of  the  Party 

indifted. 

4  None  fhall  be  condemned  upon  Suggellion,    without 

lawful  Prefentment. 

5  Executors  of  Executors  fhall    have    the    Benefit    and 

Charge  of  the  firft  Teflator. 
ly     Procefs  of  Exigent  fhall  be  awardtd  in  Debt,  Detinue^ 

and  Repleven. 
19     By  the  King's  Protection  the  Party's  Suit  fhall  not  be 
hindered,  but  his  Execution, 
j^    — . — —   Chap.    8     The  Penalty  of  a  Juror,   taking  Reward  to  give  his 

Verdift. 
12     There  fhall  be  no  Forfeiture  of  Lands  for  Treafon  of 
dead  Perfons,  not  attainted, 
<y>j    .__-_- 1  Chap.     2     An  Indemptitate  Nominis  fhall    be  granted,  upon  the 

wrongful  Seizure  ot  another  Perfon's  Lands  or  Goods, 
38"^^''*'^'"'  '  ■■   Chap.     8     A  Ship  fhall  not  be  loft  for  a  fmall  Thing  therein  not 

Cuftomed. 
12     The  Punifliment  of  a  Juror  taking  a  Reward  to  give 
his  Verdift ;  and  of  Embracers. 

^i  , Chap.     3     None  fhall  be  put  to  anfwer  an  Accufation  made  to  the 

King^  without  Prefentment. 
10     Children  born  beyond   Sea  in  the  King's  Dominions, 
fhall  be  inheritable  in  Engkind. 

^o =-   Chap.     6     Fraudulent  AfTurances  of  Lands  or  Goods  to  deceive 

Creditors,  fhall  be  void. 

S  T  A  T  U  T  E  the  Fifth. 

A  Pnfoher  by  Judgment  fhall  not  be  at  large:  Con- 
fefTion  of  a  Debt  to  the  King,  to  delay  another  Exe- 
cution. 

The  Penalty  of  a  Judge  or  Clerk,  making  any  falfe 
Entry,  ''erafe  a  Roll,  or  change  a  Verdift. 

With  v/hat  Things  the  Admiral,  and  his  Deputy,  fhall 
meddte^ 

The  Duty  of  Juftices  of  the  Peace,  when  any  forcible 
Entry  is  made  into  Lands. 

In  What  Places  the  Admiral's  Jurifdiftion  doth  lie. 

A  Remedy  for  hini  who  is  wrongfully  purfued  in  the 
Court  of  Admiralty. 

The  Punifhment  of  an  Attorney  found  in  Default. 

Judgments  given  fliall  continue,  until  they  be  reverfed 
by  Attaint  or  Error. 

It  fhall  be  Felony  to  cut  out  the  Tongue,  or  pull  out 
the  Eyes,  of  the  King's  Liege  People. 

Duty  cf  Jufliees  of  Peace,  where  Land  is  entered  upon, 
or  detained,  with  Force. 
12     No  Judgment  or  Records  fhall  be   reverfed    by  any 
Writ,    Procefs,    ^c.  erafed :  Which  Deftd  in  Re- 
cords may  be  amended  by  the  Judges,  and  which  net. 

15     The 


i  Richard  II.  Ch. 

12 

%     .   Chap. 

4 

13  ■    Chap. 

5 

15 Chap. 

2 

2  Henry  IV.  Chap. 

3 

II 

4  — Chap. 

18 
23 

£j  .    Chap. 

5 

S  Henry  VI    Chap. 

9 

L  A  JV  S     of    North -Carolina.  297 

15     I'he  Juftices  may,  in  certain  Cafes,  amend  Defaults  in    ^- -^^   '749-^ 
Records.  .  *        v        ^ 

Q    .     Chap.     4     An  Indernptitate  Nominis  maintainable  by  Executors. 

1^ Chap.      I     Juftices  of  Nifi  Prius  may  have  Judgment  of  a  Man 

attainted  or  acquitted  ot  Felony. 

1 8 ■    Chap.     6     No  Lands  fliall  be  granted  until  the  King's  Title  be 

found,  by  Inquifition. 

12  Appeals    or    Indictments  of  Felony,    committed  in  a 

i-'lacc  where  there  is  none  fuch. 

« I  —    Chap.     9     A  Remedy  for  a  Woman  enforced  to  be  bound  by  the 

Statute  or  Obligation. 

J  J  Chap.  I  A  Remedy  for  Executors  againfb  Servants,  that  em- 
bezzle their  JMafters  Goods  after  his  Death. 

I  Rich.  III.  Chap.     3     Every  Juftice  of  Peace  may  let  a  Prifoner  to  Mainprize : 

No  Officer  fhail  feize  the  Goods  of  a  Prifoner  until 
he  be  attainted, 
J  Hen.  VII.    Chap.  2     The  Penalty  of  carrying  a  Woman  away,  againft  her 

Will,  that  hath  Lands  or  Goods. 

3  Juftices  of  Peace  may  let  Prifoners  to  Bail :  The  She- 

rijlf  ihall  certify  the  Names  of  all  his  Prifoners  at  the 
Goal  Delivery. 

4  All  Deeds  of  Gifts  made  to  defraud  Creditors,  fhall  be 

void. 

10  Cofts,    &V.  awarded    to  the  Phintiff,  where  the  De- 

fendant fueth  a  Writ  of  Error. 

:4.  —     Chap.  12     All  Juftices  of  the  Peace  Ihall  execute:  their  Commiflion, 

redrefs  Injuries,  and  maintain  Law. 

13  Clergy  fhall  be  allowed  but  once:  A  Convi6t  Perfon 

flaall  be  marked  with  the  Letter  M  or  T  r  A  Pro- 
viiion  for  them  which  be  within  Orders. 

I I  Chap.  12     A  Means  to  help  and  fpced  poor  Perfons  in  their  Suits. 

12  Chap.     7     For  Murders. 

ig  Chap.     9  Procefs  in  Actions  upon  the  Cafe  flied  in  the  King^s 

Bench,  and  Common  Pleas. 

20  Writs  of  Error.  . 

I  Henry  VIII.    Ch.    8  The  Ad  of  Efcheators  and  Commiflloners. 

4      Chap.   2  Punifliment  of  Murders. 

2 1    Chap.  4  The  Sales  of  Lands  by  Part  of  the  Executors,   lawfuL 

11  At  what  Times  Reftitution  Ihall  be  made  of  Goods 

ftolen. 

22  ■   Chap.   14    For  Abjurations  and  San6luarics,  the  Sixth    Paragraph 

only,  in  thefe  Words  following:  And  that  no  Per- 
fon^  arraigned  for  Petit  'Treafon^  Murder y  or  Felony ,, 
be,  from  henceforth,  admit  ted. to  any  peremptory  Chal- 
lenge above  the  Number  of  'Twenty. 

t$ Chap.  I     An  Ad,  concerning  Convids  in  Petit  Treafon,  Murder, 

&c.     ■  .         ^ 

3     An  Ad,  againft  Perjury,  and  untrue  Verdids. 
15     An  Ad,  that  the  Plainti/?  being  non-fuited,    Ihall  yield 
Damages  to  the  Defendant,  in  Adiqns  Perfonal,  by 
the  Diicretion  of  the  Juftices, 

j^.. Chap.     5-    That  a  Man  killing  a  Thief  in  his  Defence,  Ihall  not ' 

forfeit  his  Goods. 

25  Chap.     3     For  fuch  as  fliall  fliand  mute,  ^c. 

6     The  Puniftiment  of  the  Vice  of  Buggery. 
2^  «— — -   Chap.     4    For  Pirates,  and  Robbers  on  th&  Sea, 

F  4'  30    Tht 


298  LAWS    of    North-Carolina. 

^.  i>.  1749-  !0     The  Aft  concerning  Ufes,  and  Wills. 

v»„ — ^ 1  ^g  ^ Chap.  15     For  Pirates. 

01  , Chap.     I     For  Joint  Tenants,  and  Tenants  in  Common. 

5  For  the  Continuation  of  Debts  upon  Execution. 

22 ■   Chap.     9  The  Bill  of  Bracery,  and  buying  of  Titles. 

I  The  Aft  of  Wills,  Primer  Seifins,  whereby  a  Man  may 
devife  Two  Parts  of  his  Lands. 

30  Mifpleadings,  Jeofails. 

32  Joint  Tenants  for  Time  of  Life,  or  Years. 

33  An  Aft-,  that  wrongful  Difleifin  is  no  Defcent  in   Law. 
•^j  For  Recovery  of  Arrearages  of  Rents  by  Executors  of 

Tenants,  in  Fee  Simple. 

55    . Chap.     I     A  Bill  againft  them  that  counterfeit  Letters,  or  privy 

Tokens,  to  receive  Money  or  Goods  in  other  Menff 
Names. 
Chap.  8     The  Bill  concerning  the  Explanation  of  Wills. 
Chap.  6     The  Bill  for  burning  of  Frames. 

Chap.  1 2  An  Aft,  for  the  Repeal  of  certain  Statutes  concerning 
Treafon  and  Felonies,  ^c.  Paragraph  the  1 3th, 
Wilful  killing  by  poifoningj  Ihall  be  adjudged  Mur- 
der. 

2  &  3  ■ Chap.  33     A  Bill  for  Horfe,  and  Horfe-ftealers. 

S  ^  ^  —        Chap.     9     An  Aft,  for  taking  away  Benefit  of  Clergy^  for  certain 

Offenders. 

I  o     An  Aft,  for  the  avoiding  of  Clergy  from  divers  Perfons. 
I    Mary,'      Chap.     6     Counterfeiting  of  ftrange  Coins,  Cffc.  adjudged  Treafon. 

1  &  2  Philip    and  1      Bringers  in  of  counterfeit  Coin  into  this  Realm,  Ihall  be 
' ' ' .Afirj'y    Chap.    II  i  punifhed  as  Traitors. 

1 3  An  Aft,  touching  Bailment  of  Perfons. 

2  &:  3  Chap.  10     An  Aft,  to  take  Examination  of  Prifoners  fufpefted  of 

any  Manflaughter,  or  Felony. 

^  2c  5  Chap.  4  An  Aft,  that  Acceffories  in  Murder,  and  divers  Felo- 
nies, fliall  not  have  Benefit  of  Clergy. 
8  An  Aft,  for  the  Punifhment  of  fuch  as  (hall  take  away- 
young  Women  that  be  Inheritors,  being  within  the 
Age  of  Sixteen  Years,  or  marry  them  without  Con- 
fent  of  their  Parents.      * 

/5  Elizabeth^  Chap.     9     An  Aft,  for  Punifhment  of  fuch  Perfons  as  fhall  pro- 
cure or  commit  any  wilful  Petjury. 

I I  Clipping,  i^c.  of  Coins,  for  Gain  ^ake,  fhall  be  high 
Treafon. 

14  An  Aft,  againft  Forgers  of  falfe  Deeds  and  Writings. 
1 7     An  Aft,  for  the  Punifhment  of  the  Vice  of  Buggery. 

g    . — ^ Chap.     2     The  Defendant  fhall  recover  Cofls  and  Damages,  where 

the' Plaintiff  doth  delay  or  difcontinue  his  Suit,  or  is 
Non-fuit,  ^c, 

4  An  Aft,  to  take  away  Benefit  of  Clergy  from  certain 
Offenders  for  Felony. 

^2  r  Chap.      5     An  Aft,  againft  fraudulent  Deeds,  Alienations,  ^c. 

1 8 <•  Chap.      7     An  Aft,  to  take  away  Benefit  of  Clergy  from  the  Of- 
fenders in  Rape,  and  Burglary  •,  and    an  Order  for 
the  Delivery  of  Clerks  convift,  without  Purgation. 
I4     An  Aft,    for  Reformation  of  Jeofails. 

n  y  j«,«.« —   Chap.     4     An  Aft,  againft  covinous  and  fraudulent  Conveyances. 

5  An  Aft,  for  Furtherance  of  Juftice,  in  Cafe  of  Demur- 


rer in  Pleadings. 


13 


An 


LA   fP^  S    of    North-Carolina. 


299 


31 


39 


Chap. 


13 
II 


Chap.     9 


15 


43 


Chap. 


r  James  I.    Chap.     8 


An  A6tj  for  the  following  of  Hue  and  Cry. 

An  Ad:,  of  Explanation  or  Declaration  of  the  Statute 
Oclavo  Regis,  Henry,  6, .  concerning  forcible  Entries, 
and  the  Indiftments  thereupon  found. 

An  Act,  for  taking  away  Clergy  from  Offenders  againft 
a  certain  Statute,  made  in  the  Third  Year  of  the 
Reign  of  Henry  7,  concerning  the  taking  away  Wo- 
men againft  their  Wills,  unlawfully.. 

An  Ad,  that  no  Perfon,  robbing  any  Houfe  in  the 
Day  Time,  altho'  no  Perfon  be  therein,  Ihall  be  ad- 
mitted to  have  the  Benefit  of  his  Clergy. 

An  Ad,  to  prevent  Perjury,  and  Subornation  of  Per- 
jury, and  unordinary  Expences  in  Suits  of  Law. 

An  Ad,  againft  fraudulent  Adminiftration  of  Inteftates 
Goods. 

An  Ad,  to, take  away  the  Benefit  of  Clergy  from  feme 
Kind  of  Manflaughter. 


A.  D.    1749. 


13 

2> 


1 1     An  AcT:,  to  reftrain  all  Perfons  from   Marriage,  until 
their  former  Wives,  and  former  Hufbands,  be  dead. 

4 Chap.     3     An  Ad,  to  give  Coft  to  the  Defendant,  upon  a  Non- 

fuit  of  the  i^laintiffj  or  a  Verdid  againft  him. 

II Chap.     6     An  Ad,  concerning  Women  coavided  of  fmall  Felonies. 

An  Ad,  for  the  further  Reformation  of  Jeofails. 

An  Ad,  to  enable  Judges  and  Juftices  of  the  Peace,  to 

give  Reftitution  of  FofTeffion  in  certain  Cafes. 
An  Adj  for  the  Relief  of  Creditors,  againft  fuch  Per- 
fons as  die  in  Execution. 
An  Adi    to  prevent   the  deftroying     and  murdering 
Baftard  Children. 

3:    Charles    L  The  Petition  exhibited  to'  his  Majefty,  by  the  Lords 

Spiritual  and  Temporal,  and  Commons,  in  this  pre- 
fent  Parliament  aftembled,  concerning  divers  Rights 
and  Liberties  of  Subjeds. 

S  T  A  T  U  T  E  the  Second 
1-3  Charles  II.  Chap.  6     An  Adj  declaring  the  fole  Right  of  the  Militia  to  be 

in  the  King,  and  for  the  prefent  ordering  and  dif  • 

pofing  of  the  fame. 
An  Ad,  to  prevent  the  delivering  up  of  Merchant  Ships, 
An   Act,  againft  deceitful,    difordcrly,    and  excefTive 

Gaming. 
An  Ad,  to  prevent  Arreft-s  of  Judgments,  and  fuper- 

ceeding  Executions. 
An  Act,  for  a  more  fpeedy  and  effectual  Proceeding 

upon  DiftrefTes  and  Avowries  for  Rents. 
An  Act,  for  avoiding  unnecefTary  Suits  and  Delays. 
An  Act,  to  prevent  malicious  maiming  and  wounding : 

Paragraph  the  7th,  Malicious  maiming  made  Felony^ 

and  Paragraph  the  8  th,  Forfeitures. 
An  Ad,    to    prevent    malicious   burning  of  Houfes^' 

Stacks  of  Corn  and  Hay,  and  killing  or  maiming  oi 

Cattle. 
An  Ad,  for  the  better  fettling  of  Inteftates  Eftates. 
An  Ad,  for  preventing  Frauds  and  Perjuries. 

30    ■-'  '■■  Chap,' 


16 


16  & 


17 


17 


Chap. 

Chap. 
Chap. 


22  &  23  Charles  II, 
Chapter     i 


29 


Chap. 


10 
3 


;oo 


LA   W   S    of    North-Carolina. 


D.   J749.    r,Q Chap.     7     An  A6tj,  to  tnable  Creditors  to   recover  their  Debts  of 

— y ^  the  Executors  and  Adminiftrators  of  Executors,  in 

their  own  Wrong, 
^j  . .    Chap.     2     An  Aft,  for  the  better  fecuring  the  Liberty  of  the  Sub- 
ject, and  for  Prevention  of  Imprifonment  beyond  the 
Seas.'     ■  • 
I   J^Tfies  II.  Chap.    1 7     An  Act,  for  reviving  and'  Continuance  of  feveral  Acts 

of  Parliament  therein  mentioned  -,  only  Paragraph 
the  5th,  6,  and  7,  relating  to  the  Act  for  the  better 
fettling  Inteftates  Eftates. 

1  IFil.  &  Aliiry,  Ch.  8     An  Act,  for  the  abrogating  of  the  Oaths  of  Supremacy 

and  Allegiance,  and  appointing  other  Oaths. 
18     An  Acti  for  exempting  {;heir  Majefties  Protcftant  Sub- 
jefts,  dilfenting  from  the  Church  of  England^  from 
the  Penalties  ot  certain  Laws. 
SefTion    2      Chap.      2     Ah  Aft,  declaring  the  Rights  and  Liberties  of  the  Sub- 

jeft,  and  fettling  the  Succeflion  of  the  Crown. 

Chap.     5     An  Aft,  for  enabling  the  Sale  of  Goods  diftrained  for 

Rent,  in  Cafe  the  Rent  be  not  paid  in  a  reafonabls 
Time. 

o^  A. Chap.     9     An  Aft,  to  take  away  Clergy  from  fome  Offenders, 

and  to  bring  others  to  Puniihment. 
14     An  Aft,    for  Relief  of   Creditors,    againft  fraudulent 
Devices. 

jj.  ^.^ Chap.  16     An  Aft,  to  prevent  Frauds,  by  clandeftine  Mortgages. 

J  mi.    HI.  Chap.     3     An  Act,  for  regulating  Tryals  in  Cafes  of  Treafon,  and 

Mifprifon  of  Treafon. 

'      g^  g Chap.  24    An  Act,  requiring  the  Practitioners  of  the  Law  to  take 

"  the    OathSj    and  fubfcribe   the    Declaration  therein 

■     fncntioned. 

2  2^      Chap.   10     An  Act,  for  the  better  preventing  frivolous  and  vexa- 

tious Suits. 

g^  jQ Ch.    15     An  Act,  for  determining  Differences  by  Arbitration. 

1 7     An  Act,  for  the  better  Payment  of  Inland  Bills  of  Ex- 
change.- 

iQ^  II Ch.    16     An  Act,  to  enable  poflhumus  Chi  Wren  to  take  Eflates, 

as  if  born  in  their  Fathers  Life-time. 

,j  5j;  j2 Ch.      6     An  Act,  to  enable  his  Majefty's  natural-born  Subjects 

to  inherit  the  Eftate  of  their  Anceflors,  either  Lenial 
or  CoUaterel,  notwitftanding  their  Father  or  Mothef 
are  Aliens. 
12  &  13  Wil '  III.    X     An  Aft,  for  the  further  Limitation  of  the  Crown,^  and 
C]^ap,     2  J      better  fecuring  the  Rights  and  Liberties  of  the  Subjefts. 

i     Ami     Chap.     22     An  Aft,  to  declare  the  Altefations  in  the  Oath  appointed 
*  -  to  be  taken,  by  the  Aft,  intituled.  An  ASl,  for  the 

further  Security  of  his  Majefifs  Perfon^  and  the  Suc- 
cejjton  of  the  Crown  in  the  Protefiant  Line  5  and  for 
extinguiping  the  Hopes  of  the  pretended  Prince  of 
Wales,  and  all  other  Pretenders^  and  thiir  open  and 
fecret  Abettors  ;  and  for  dechrin^  the  Affociation  to 
be  determined. 
9  An  Aft,  for  Punifhment  of  AccefTories  to  Felonies,  and 
Receivers  of  ftolen  Goods ;  and  to  prevent  the  wil- 
ful burning  and  deftroying  of  Ships. 

3  &  4  —  Chap, 


LAWS      of     NORT  H-CaROL  IN  A. 


3  &  4  —      Chap.     9     An  Act,  for  giving  Uke  Remedy  upon  Promifory  Notes    -^-  ^-   '749- 

as  is  now  ufed  upon  Bills  of  Kxcliange  j  and  for  the  ^ "* ^ 

bctttr  Payment  ot  inland  Bills  of  Exchange. 

4&  5 Chap.   1 6     Aa  A6t,    for  the  Amendment  of  the  Law,    and  the 

better  Advancement  of  Juftice. 

An  A(it,  concerning  Life  Eftates. 

An  Adt,  to  enable  Infants  who  are  feized  or  poircflei 
of  Eitates  in  Fee,  in  Truft,  or  by  Way  of  Mort- 
gage, to  make  Conveyances  of  fuch  Eftates. 

An  Ad",  for  the  better  Security  of  Rents,  and  to  pre- 
vent Frauds  committed  by  Tenants. 

An  Aft,  againft  unlawtul  Gaming  j  Scdion  i,  2,  3=, 
5,  and  7,  only. 

Firft,  Second,  and  Third  Seflions  only. 

Ah  Adl,  for  the  prtferving  all  Ships  and  Goods  there- 
of, wnich  Ihall  happ.n  to  be  lorced  on  Shore,  or 
ftr:mded,  upon  the  \oafts  of  this  Kingdom,  or  any 
other  of  her  Majcfty's  Lominions. 

Sedlion  the  nth  only,  conctrning  Debts. 

Ah  Ad;,  concerning  Rents. 

An  Ad,  for  the  more  eafy  Recovery  of  Debts  in  his 
Majdty's  Plantations  and  Colonies  in  America. 

An  Ad,  to  dired  the  Proceedings  in  Chancery  againft 
Perfons  beyond  Sea. 

Sedion  i,  2,  and  3  only,  concerning  Mortgages. 

Settion  the  5th,  concerning  Debts. 

Twelith  and  13th  Sedions  only,  concerning  Ejedment. 


6  — Chap. 

7     ■  Chap. 

18 
^9 

8     . Chap. 

17 

^ Chap. 

14 

12  Stat.    I     Chap. 

7 

2  do.  If.     Chap. 

4     Chap. 

5     Chap. 

22 
28 

7 

25 

8     Chap. 

II  Chap.. 

24 
19 

Statutes 
tr.,  en, 

forced  here. 


III.  AND  be  it  further  Enact edy  by  the  Authority  aforefaid^  That  in  any  of  Former 
the  above  enuni; rated  Statutes,    where  any  Reference  is  made  to  any  former  'f.''^'"'^'' 
Statute,  as  to  the  Penalty,  or  Manner  of  Recovery,  or  Execution  of  the  faid 
Statutes,  or  where  the  liud  Statutes  are  explained,  or  continued,  or  made  perpe- 
tual, or  con hrmed,  or  Clergy  allowed   by  any  after  Statute  •,  that  in  fuch  Cafe, 

the  faid'Scatute  fcf  referred  to,  of  that  doth  explain,  continue,  make  perpetual,^ 
or  confirm  the  above  enumerated  Statutes,  or  allow  Clergy  for  the  Offence  or 
Off*eiicd#in  any  of  them  mentioned,  are  hereby  declared  to  be  of  as  full  Force  in 
this  Province,  as  if  particularly  enumerated  in  this  Ad. 

IV.  AN D  be  it.  further  Enacted,    by  the  Authority  aforefaid.    That   all  the  5^^^^^^^  ^^,^  ^^^^ 
Statutes  of  the  Kingdom  of  England^  relating  to  the  Allegiance  of  the  People  to  Allegiance  of  ibj 
his  pi'efjnt  Majefty  King  George,  and   his  lawful  Succeffors,  and  the  feveral  Pub-  o,"£'&,^'"'S 
lie  Oaths,  and  fubfcribing  the  Teft,  required   of  th^Pcople  of  England  in  Gene-  ^"'"^^  h«c. 
ral,  by  any  of  the  faid  Statutes  of  the  faid  Kingdom  •,  and  alfo  all  fuch  Statutes  in 

the  Kingdom  of  England  as  declare  the  Rights  and  Liberties  of  the  Subjed,  and 
Enad  the  better  fccuring  the  fame ;  as  to  fo  much  of  the  faid  Statutes  as  relates 
to  the  above  mentioned  Particulars  of  the  Allegiance  of  the  People  to  their 
Sovereign,  the  Public  Oaths,  and  fubfcribiiig  the  Teft,  required  of  them,  and 
the  declaririg  and  f-curing  the  Rights  and  Liberties  of  the  Sui^jeds,  are  hereby 
Enaded  and  DccLn-d  to  extend  to,  and  to  be  of  full  Force  in  this  Province,  as 
if  pirticularly  eruiifteratcd  in  thi>  Ad. 

■    V.-AND  for  the  better  patting  in  Force,  and  Execution  of,  all  and  every  Executive  Pow?i« 
tnt  before  enumerated  Statutes,  Sedions,    and   Paragraphs  of  Statutes-,    Be  // g^«^» ^ the oig- 
En.iLl  cU  by  the  Authority  aforcfaid-,  and  it  is  hereby  Enailed  and  Declarcdy  That 
i\z  Gen  r  .1  Aflembly  of  this  Province,  and  the  fcvcral  Members  thereof,  fliall 
.  hxvc  clw  lutAe  Power  and  Authority  in  any  Matter  or  Thing  relating  to  the  faid 

G  4  ■  Statute 5 J 


302 


L  A  }V  S    of    North-Carolina. 


A.  D.  1749  St-rutes,  or  that  is  given  by  the  fame  to  the  Parhament  of  England^  or  the  Mem- 
ti„ — ^^ — f  l^gj.g  thcrtof  i  and  his  Excellency  the  Governor,  and  the  Council  of  this  Province, 
for  the  Time  being,  fliall  have  all  the  flower  and  Authority  relating  to  the  Execu- 
tion of  the  faid  enumerated  Statutes,  as  by  the  fame,  or  by  any  other  the  Laws  of 
England^  arc  given  to  the  Lord  Chancellor,  or  the  Lord  Keeper  of  the  Great  Seal 
of  England :  That  the  Chief  Juftice  of  this  Province,  and  his  AfTociates,  for  the 
Time  being,  Ihall  have  all  the  Power  and  Authority  in  the  Execution  of  any  the 
faid  enumerated  Statutes,  as  the  Chief  Juftice,  or  any  of  the  Juftices  or  Judges  of 
the  Courts  of  the  King's  Bench,  or  Common  Pleas,  or  any  Juftices  of  the  Sef- 
fions  of  Commiflioners  of  Oyer  and  Terminer  and  Goal  Delivery,  in  the  Kingdom 
of  England^  can  or  may  have  or  do :  And  that  the  Juftices  of  the  Peace  in  this 
Province,  fhall  have  the  Powers  of  the  Juftices  of  the  Peace  in  the  Kingdom  of 
England  •,  and  every  Officer,  Minifter,  or  Under- Officer  of  this  Province,  ftiall 
have  and  execute  the  fame  Power  arid  Authority  of  eVery  Juftice,  Officer,  Mini- 
ft-T,  or  Under-Cfficer  of  the  fame  Name,  Stile,  Tide,  and  ufual  Office,  Em- 
ployment, and  Authority  in  the  Kingdom  of  England')  in  and  about  the  Execu- 
tion of  the  Premifes,  to  all  Intents,  Conftrudions,  and  Purpofcs  whatfoever, 
except  fuch  Officer  or  Officers,  the  Manner  and  Method  of  whofe  Duty  and 
Office,  is  circumfcribed  and  diredcd  by  the  Laws  of  this  Province. 

ComrnnnLiw(f  VI.  AND  hs  it  fiirther  Enacted^  hy  the  Authority  cifcrefaidy  That  all  and 
fsg/aai.nfnrcd  gycry  Part  of  the  Common  Law  of  England,  where  the  fame  is  not  altered  by  the 
Fow^r  gi'vcn  'to  sbove  enumerated  Ads,  or  ihconfiftent  with  the  particular  Conftitutions,  Cuf- 
B«M«eit.  toms,  and  Laws  of  this  Province,  excepting  fo  much  thereof  as  ii,atii  ReUtion  to 

the  ancient'TenureS,  which  are  taken  aWay  by  Ad  of  Parliament,  made  in  the 
Twelfth  Year  of  the  Reign  of  King  Charles  the  Second,  Chapter  the  Twenty 
Fourth,  intituled.  An  A£f,  for  taking  alvay  the    Court  of  Wards  and  Liveries^ 
and' Tenures  in  Ci'.pitey  and  by  Kmghis  Service  and  Purveyance,  &CQ.  whtrtby  it  is 
Enaded,  That  all  Tenures  by  the  Common  Law,  whether  held  of  the  King  or 
any  other  Perfon  Or  Perfons,  are  turned  into    free  and  common  Soccage  •,  and 
which  Statute,  as  to  that  Part  of  it  which  doth  Enad,  That  all  Tenures  be  turn- 
,        ed  into  free  and  common  Soccage-,  is  hereby  Enaded  and  Declared  to  be  ot  as 
full  Force  in  this  Province,  as  if  particularly  enumerated  by  this  Ad  •,  and  alfo 
excepting  that  Part  of  the  Common  Law  which  relates  to  Matters  EcckTiaftical, 
which  are  inconfiftent  with,  or  repugnant  to,  the  Settlement  of  the  Church    of 
England  in  this  Province,  by  the  Ads  of  Affembly  thereof ;  be,  and  is  hereby 
made  and  declared  to  be  in  as  full  Force  and  Virtue  v/ithin  this  Province,  as  the 
fame  is,  or  ought  to  be,  within  the  faid  Kingdom  of  England:  And  that  the 
Governor  f(?r  the  Time  being,  with  his  Council,  conftituting  a  Court  of  Chan- 
cery in  this  Province,  ftiall  have  Power  to  put  in  Execution,  and  caufe  to  be 
put  in  Execution  in  this  Province,  fo  much  of  the  faid  Common  Law,  (except 
as   before  excepted)  as  thfi  Lord  Chancellor,  or  Lord  Keeper  of  the  Great  Seal 
of  Great-Britain,  may  do  in  the 'Kingdom  of  England:  And  the  Chief  Juftice 
of  this  Province  for  the  Time  being,  and  his  Aftbciates,  may  put  in  Execution 
fo  much  of  the  faid  Common  Lavi^  of  England  vi\'&i\n  this  Province,  (except  as 
before  excepted)  as  any  of  the    Juftices    or  Judges    of  any  of  the  Courts  of 
King's  Bench,  and  Common  Pleas,  or  Commiffioners  of  Oyer  and  Terminer  and 
General  Goal  Delivery,  may  do  in  the  'faid  Kingdom  of  England:  And  every 
Officer,  Minifter,  or  Under-Officer  of.  this  Province,  ftiall  execute  fo  much  of 
the  faid  Laws  within  this  Province,  (except  as  before  excepteo;  as  any  OfFicer, 
Minifter,  or  Under-Officer,  of  the  fame  Name,  Stile,  Power,  and  Authority  in 
the  Kingdom  of  England,  may  or  bUght  to  execute  within  the  fame. 

peniity  en  Per-       VII.  ANB  he  it  further  Ena5led,  hy  the  Authority    afcrefaid.  That  every 

SrDutfintUe  P^tfon  rcfpcdively  whatfoever,  who  derives  any  Authority  or  Power,  Judicial  or 

Minifterial,  from  and  by  this  Ad,  who  ftiall,.  or  doth  negled,  rcfufe,  or  omit 

to 


L  A   ky  S    o/"    North-Carolina.  303 

to  do  and  execute  all  or  any  fuch  Things  which,  by  the  Ads  before  enumerated,    ^-  ^    *749- 

or  made  of  Force  in  this  Province  by  this  Aft,  or  required  to  be  done  and  exe-  ^ '^        ' 

cuted,  (hall  undergo  fuch  Fenakies,  forfeit  fuch  Sum  or  Sums  of  Money,  Lofs  l"  Law"." 
of  Place  or  OfHce,  for  each  fuch  Neglecft,  Refufal,  or  OmifTion,  "as  every  re- 
fpective  Magiftrate,  Officer,  Minifter,  and  other  Perfon  whatfo.ver  within  the 
Kingdom  of  England,  ougiit  to  undergo,  forfeit,  and  fuffer,  by  every  of  the 
faid  feveral  and  refpcctive  Acts ;  to  be  profecuted,  recovered,  and  difpofed,  ac- 
cording to  the  Directions  of  the  fiid  feveral  Acts,  in  any  of  the  Courts  of  Record 
within  this  Province,  except  where  the  Punilhment  of  any  of  the  above  Offences 
is  particularly  mentioned  and  appointed,  by  any  Law  now  in  Force  in  this 
Government. 

VIII.  AN D be  it  further  EnaHed,  by  the  Authority  aforffzid^    That  the  Go-  02i£ei.r«ii 
vernor,  the  Chief  Juftice  of  the  Court  of  Common  hleas,  tor  the  Time  beings 

and  his  Aflbciatts,  and  every  other  Officer,  Miniftcr,  Under-Officer,  and  every 
other  Perfon  whutloever,  concerned  in  the  Execution  of  any  t!ie  above  enumera- 
ted Acts,  Ihall  and  may  take  fuch  and  fo  much  Fees,  for  the  doing  and  execu- 
ting every  Matter  and  Thin^  contained  within  the  faid  Acts,  as  by  the  feveral 
Atts  of  Aflembly  of  this  Province,  made  lor  the  afcert^ining  Officers  Fees,  they 
may  or  ought  to  take  and  receive  j  any  Thing  in  any  of  the  Statutes  mentioned 
in  this  Act  to  the  contrary,  notwithftanding. 

IX.  AND  be  it  further  ErtoMed,  by  the  Authority  aforefaid^  That  every  Court  Po«ercf  c«urt» 
of  Record  within  this  Province,  (hall  be  taken  for,  and  have  and  execute,  the  ^"^  RewKJ. 
Power  of  the  King's  or  Queeti's  Court,  mentioned  in  any  of  the  before  reci- 
ted Ads. 

X.  AND  he  it  further  EnaEfed^  That  all  Conveyances  or  Settlements  of  ^^^^  ,„„,  cs 
Lands  or  Tenements  made  in  this  Province,  by  Way  of  Bargain  and   Sale,  or  Urls7dri!red 
ctherwifr,  {hall  be  as  good  and  efftdual  in  Law,  to  all  Intents  and  Purpofes  ^'^^' 
whatfoever,  as  if  the  Statute  for  transferring  Ufcs  into  Polleflfion,  had  been  made 

of  Force  in  this  Prbvirkre  at  the  lime  of  fuch  Conveyances  made. 

XL  AND  h  it  further  Ena£ied^  by  the  Authority  aforefaid^  That  all  the  Sta-  j,^,^^^^,  ^      J 
tute  Laws  of  the  Kingdom  of  England^  which  are  not  enumerated  and  inade  of  Force  here."     '' 
Force  fn  thi^  Province  by  this  Ad,-  (fuch  only  excepted  which  relate  to,  or  con- 
cern his  Majcfty's  Cuftoms,-  and  the  Ads  of  Trade  and  Navigation,)  are  hereby 
declared  noC  adapted,  or  appUcable  to,  the  Circumftances  of  this  Province. 

XII.  PROVIDED  nevehhekfs^  ai/id  he  it  hereby  EnaSfei  and  Declared^  s^^^^^^  ^^^^ 
That  bccaufe  few  of  the  Statute  Laws  of  the  Kingdom  of  England^  made  fmce  the  "i^'ie  fince '" 
Eleventh  Year  6f  the  Reign  of  his  prtfent  Majefty  King  George  the  Second,  have 
been  tranfmitted  to  this  Province ;  //  is  hereby  Enabled,  That  all  Statute  Laws 
made  within*the  Kingdom  of  England  fince  the  faid  Eleventh  Year  of  t!ie  Reign 
of  his  faid  Majefty  King  George  the  Second,  fhall  be  deemed,  conftrued,  and 
taken,  to  have  fuch  and  the  fame  Relation  and  Force  in  this  Province,  and  all 
his  Majefty's  Subjids,  inhabiting  or  dwelling  in  the  fame,  as  the  fan^e  mightg 
could,  or  ought  to  have  had,  if  this  Ad  had  never  been  made. 


Gea.  2j  of  Tojce 
heie. 


not  ts> 


XIIT.  PROVIDE!)  dfo^  That  this  Ad,  of  any  enumerated  Act,    or  ThiaAa 
Claul^^,  or  Paragraph,  or  Section,  of  any  Act  therein  contained,  fhall  not  be  '^5'",fe"'f  "f^"^ 
conftrut d^  of  ext, nucd  to  alter  the  ufual  Courle  of  Proceedings  in  the  fevcral  c4";ngs"  in'ths' 
Courrs  of  ludicciture  in  this  Province;  and  the  Manner  of  drawing,  balloting,  or  C"»'"^«=« 
choofiiig  ot  Jurymtn,  as  the  fame  is  prefcribed  by*  the  Laws  of  this  Province  in 
in  i\-\<xt  Cuf:  made  and  provided,  and  all  other  the  Acts  of  AfTembly  of  this  Pro- 
V  !CCv  rcLtiii^  to  the  regulating  Procccedings  of  the  Courts  of  Judicature  in  this 

Province, 


304 


LA   W   S    of    North-Carolina. 


A.  D. 


1749-  Province,  are  hereby  declared  to  be  of  as  full  Force  and  Virtue  as  if  this  Act  had 
never  been  made  ;  and  the  above  enumerated  Statutes  of  the  Kingdom  of  Eng- 
land,  arc  hereby  Enaded  to  be  put  in  Execution  in  this  Province,  as  to  the  fub- 
ftandal  Parts,,  and  fo  as  not  to  alter  the  ufual  Proceedings  in  our  Courts  in  this 
Province,  and  the  faid  Jury  Ads :  Any  particular  Claufes  or  Paragraphs  in  the 
above  enumerated  Ads,  with  Refprd  to  the  particular  C\vcmx\^.ir\ct^  oi  England, 
being,  or  feeming  to  be  to  the  contriry  hereof,  in  any-wifc,    notwithftanding. 


CHAP.     II. 

An  AGl,  to  revive  a  Claafe  in  an  A51  of  the  General  AJfembly  of  this 
Pro'vi?ice,  intituled.  An  Ad:,  to  fix  a  Place  for  the  Scat  of  Govern- 
ment, and  for  keeping  Public  Offices  ;  fbr  appointing  Circuit  Courts, 
and  defraying  the  Expence  thereof ;  and  aifo  for  Eftabhfhing  the 
Courts  of  Juftice,  and  regulating  the  Proceedings  therein  ;  pajjed  the 
Fifth  Day  of  December,  One  I'houfand  Seven  Hutidred  and  Forty 


Prcijnttle. 


Claufs  revived. 


Continuance  of 


I.  T^ 7  HERE  A  S,  by  an  Act  of  the  General  Al5embly  of  this  Province, 
y  Y  paffed  the  Fiith-Day  ot  December^  One  Thoufand  Seven  Hundred  and 
Forty  Six,  intituled,  jfj*  A^i,  to  fix  a  Place  for  the  Seat  of  Government^  and  far . 
keeping  Public  Offices  -,  for  appointing  Circuit  Courts,  and  defraying  the  Expence 
thereof;  and  alfo  for  EJlallifhing  the  Courts  of  Jufitce,  and  regulating  the  Proceed- 
ings therein  -,  it  is,  among  other  Things,  Enaded,  That  a  Tax  of  Four  Pence, 
Proclamatipn  Money,  per  Foil,  Annually,  Ihail  be  levied  on  each  and  every  tax- 
able Perfon  within  this  Province,  for  and  during  the  Term  of  Three  Years,  and 
no  longer  -,  to  be  applied  towards  defraying  and  paying  the  Chief  Juftice  and 
Attorney-General,  as  a  Recompence  for  their  Trouble  and  Expence  of  going  the 
Circuits,  as  in  the  faid  before  recited  Ad  rnay  more  fully  and  at  large  appear: 
And  whereas  the  Time  limited  by  the  afore  recited  Ad,  for  levying  and  coUcd- 
lUg  the  faid  Tax  of  Four  Pence,  Proclamation  Money,  is  near  expiring! 

II.  B  E  it  therefore  Enaded,  hy  his  Excellency  Gabriel  Johnfton,  Efq;  Gcver- 
noTy  hy  and  with  the  Advice  and  Confent  of  his  Majejifs  Council,  and  General 
Affembly  of  this  Province,  and  it  is  hereby  Enacted,  hy'tbe  Authority  of  the  fame^ 
That  from  and  after  the  Expiration  of  the  Time  limited  in  the  faid  Claufe  of  the 
aforefaid  Ad,  the  faid  Tax  of  Four  Pence,  Proclamation  MoneVi  per  Poll,  fhall 
continue  to  be  levied,  Annually,  on  each  and  every  taxable  Perfon  within  this 
Province,  in  fuch  Manner  as  by  the  faid  before  recited  Ad  is  direded  ;  and  fhall 
be  paid  to  the  Trcafurer  of  the  Diflrid  where  fuch  Tax  is  levied  refpedively,  and 
by  him  applied  towards  defraying  and  paying  the  Chief  Juftice  and  Attorney- 
General,  as  aforefaid;  Any  Thing  in  the  b£ix)re-recitcd  Ad  to  the  contrary, 
notwithftanding. 

III.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  this  Ad 
fhall  continue  and  be  in  Force  for  the  Term  of  Three  Years,  next  after  the  Faf- 
fing thereof,  and  from  thence  to  the  End  of  the  next  SefTion  of  the  General  Af- 
fembly of  this  Province,  and  no  longer. 


CHAP 


L    A   fV   S      of     N  O  R  T  H-Ca  RO  L  I  N  A.  305 

CHAP.     III.  * — ^ — ' 

An  additicnal  A5i  to  an  A£ty  intituled^  An  Adt,  to  provide  indifTerent 
Jurymen  in  all  Caufes,  both  Civil  and  Criminal,  and  for  an  Allow- 
ance for  their  Attendance. 

I.  xTTHEREAS,  by  an  Ad,  intituled,  An  A5iy  to  prcvide  vtdifferent  iveambk. 

YY  Jurymen  in  all  Caufes^  both  Civil  and  Criminal^  and  for  an  Allowance 
for  their  Attendance  \  it  is  Enacted,  That  once  in  Six  Months,  at  each  and  every 
County  Court  within  this  Province,  next  after  the  Firft  Day  of  January^  and 
the  Firft  D-y  of  July,  Yearly,  in  open  Court,  the  Juftices  of  each  and  every 
County  Court,  together  with  the  then  Grand  Jury,  fhall  elect  and  choofe  a 
certain  Number  of  the  Freeholders  of  their  feveral  Counties,  to  ferve  as  Jurors 
at  the  next  General  Court,  Court  of  Affizc,  Court  of  Oyer  and  terminer  and 
General  Goal  Delivery,  to  which,  by  the  Law  now  in  Force,  or  any  Law  here- 
after to  be  made,  they  ought  to  attend  j  which  Manner  and  Time  of  making 
fuch  Choice  of  Jurors  as  atorefaid,  is  found  inconvenient  and  impracticable  : 

II.  B  E  it  therefore  EnaHedy  by  his  Excellency  Gabriel  Johnfton,  £/^>  Co-  Manner  of  ip, 
'vernor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy's  Council,  and  the  P"^'*'"*£  J"°"' 
General  .jffenib'y  of  this  Pr evince,  and  by  the  Authority  of  the  fame.  That  fro tn 
and  aft.^r  tne  Faffing  of  this  Act,  once  in  Six  Months,  'at  each  and  every  County 
Court  within  this  Province  that  fhall  happen  next  after  the  firft  Day  of  June  and 
the  firft  Day  of  December;  Yearly,  the  Freeholders  required  by  Law  to  atttcnd  as 
Jurors,  from  each  County  refpectively,  at  the  next  General  Court,  Court  of 
Afiize,  Court  of  Oyer  and  Terminer  and  General  Goal  Delivery,  fhall  be  elcded 
in  open  Court,  one  Half  of  their  Number  by  the  Juftices  then  fitting  in  Court, 
and  the  other  Half  by  the  then  prefcut  Grand  Jury,  by  a  Majority  of  Votes  of 
the  faid  Juftices  and  Grand  Jury  refped:ively,  and  not  otherwife;  and  the  faid 
Juftices  and  Grand  Jury  fhall  diftinguifh  the  Names  of  fuch  Perfons  as  fhall  be 
fo  chofcn  for  the  Grand  Jury,  from  the  Petit  Jury,  to  ferve  as  aforefaid  j  and 
fuch  Perfons  only  fhall  be  of  either  of  the  faid  Juries,  as  are  by  them  fo  nomina- 
ted and  diftinguifhed :  Any  Law,  Cuftom,  or  Ufage,  to,  the  contrary,  notwith- 
ftanding. 


CHAP.     IV. 


An  A6i,  jor  altering,  expUining,  and  continuing  an  A5i,  intituled^  An 
A<5t,  for  the  better  regulating  the  Militia  of  this  Government. 

I-TT^HEREASan  Aft,  intituled.  An  A£l,  for  the  better  regulating  of 

VV     the  Mlitia  of  this  Government,  made  the  Twenty  Eighth  Day  of  June,  ^''""^'*' 
One  Tfioufand  Seven  Hundred  and  Forty  Six,  was  to  continue  for  Three  Years, 
and  from  thence  to  the  End  of  the  next  SefTion  of  AfTembly  ;  which  Time  is  now 
near  expired ;  which  A6t,  by  Experience,  is  found  to  be  a  good  and  necefTary 
Law: 

II.  B  E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  hy  and  ^a  co.tiB«<, 
with  the  Advice  and  Confent  of  his  Majejiy's  Council,  and  General  Affembly  of  this 
Province,  and  by  the  Authority  of  tht  fame.  That  the  faid  Ad,  intituled.  An  Act, 
for  the  better  regulating  the  Militia  of  this  Government^  Ihall,  from  and  after 

H  4  this 


3o6  L  A  IV  S    of    North-Carolina. 


A.  D    1749.    this  prcfent  Seflion  of  AlTembly,  (except  as  herein  altered  and  explained,)  be  and 
^— — V — "^  continue  in  Force  for  the  Terin  of  Five  Years,  and  from   tlunce  to  the  End  of 
the  next  Seffion  of  the  General  Affennbly,  and  no  longer. 

III.  A  N  D  whereas  by  the  laid  Aft.  it  is  Enaded,  That  it  fhall  and  may  be 
lav/fui  for  one  Field  Officer,  or  more,  Four  Captains,  Four  Li.  uttnants,  Three 
Enfigns,  or  the  IVJajority  of  them,  with   one  Pield  Officer,  openiy   to   hold  a 
Court- Martial,  and,  on  Tryal  and  Convi6tion,  to  punifh  the  Offender  or  Offen- 
ders according  to  Martial  Law,  as  the  Nature  of  the  Crime  fhall  require :  Be  if 
Court-M«tiai      therefore  Enacted,  by  the  Authority  aforefaids  That  from  and  after  the  I'afling  of 
^IX  orToifen-  this  Att,  the  Powers  granted  to  fuch  Courts-Martial,  ihail  not  be  underftood  or 
<*'"•  conilrued,  to  impower  any  fuch  Court  to  inliict  the  Funilhraent  of  Death  on  any 

Oifcndtr  or  Offenders  v;hatfoever. 

Captains  to  muf-       jy.  B  E  it  further  Enacted^  hy  the  Authority  aforefaid^  That  from  and  after 
■\lL\w:«ea'yrar.  this  preicnt  SeffiOH  01  Affembly,  each  and  every  Captain  of  a  Company,  fli  sii 

and  may,  at  fuch  Times  and  Places  in  their  refpedive  Diftricls  as  thty  (hall  judge 

convenient,  Muiler  their  f^veral  Companies  twice  in  every  Year,  and  ho  morj ; 

Any  CLiufe  in  the  before-recited  Adr,  Ufage,  or  Cuftom,  to  the  contrary,  not- 

wjtftandirig. 


CHAP.     V. 

^n  AB,  to  appoint  a  Public  T'rcafurer^  i?i  the  Room  of  Edward  Mofeley, 

Rfq-y  deccafed. 

prtambk.  L  "TT  7  HERE  AS,  by  an  Ad,  intituled,  An  A£f^  to  appoint  Public  Trea^ 

VV    furers^  the  Honourable  Edward  Mofeley^  Efqj  was  conftituted  Public 

Tjreafurer  for  the  Counties  of  Craven^  Carteret,  Onflow,  Netjo-Hano'ver,  Bladen, 

Jehnjion,  Beaufort,  and  Hyde  ;  and  the  faid  Office  having  become  vacant,  by  the 

Death  of  the  faid  Edward  Mofeley,  Efqj 

Treai'jier  ap.         II.  BE  it  therefore  Ena£led^  by  his  Excelkncy  Gabriel  Johnfl:on3  Ef<i\  Governor, 
pjwttd.  ^^  ^^^  ^;^^  ^jj^  Advice  and  Confent  of  his  Majefiy's  Council  c^nd  General  y^ffembly 

of  this  Province,  and  by  the  Authority  of  the  fame.  That  the  Honourable  Eleazer 
Allea,  Efq;  be,  and  is  hereby  appointed  Public  Treafurer  for  the  faid  Counties  of 
Craven,  Carteret^  Orjlow,  New-Hanover,  Bladen,  "jchnfion,  Beaufort,  and  Hyde^ 
in  the  Room  of  the  faid  Edward  Mofeley^  deceafed  :  Which  faid  Treafurer  (hall, 
before  he  enters  upon  his  faid  Office,  give  Bond,  to  our  Sovereign  Lord  the 
King,  his  Heirs  and  Succeffors,  in  the  Sum  of  IVo  Thoufand  Founds,  Sterling 
Money,  for  the  faithful  Difcharge  of  his  laid  Office  :  Which  Bond  fliall  be  lodg- 
ed in  the  Secretary's  Office. 

?tbii?Mnn'erto  ^^^^  ^  ^  ^  ^'  ^^  furthtr  Enacted,  hy  the  Authority  aforefaid^  That  the  Sherifs, 
•beTrMfijttT.  and  all  other  Perfons  concerned,  or  who  have  been  conttrned,  in  the  Colledling 
or  Receiving  any  Public  Money,  within  the  refpcdlive  Counties  of  Craven,  Car- 
teret, Onflow,  flew-Hanover,  Bladen,  Johnfion,  Beaufort,  and  Hyde,  who  have 
not  already  accounted  for  and  paid  the  fame  to  the  aforefaid  Edward  Mofeley,  F.fq; 
deceafed,  flial),  upon  Oath,  account  for  and  pay  to  the  faid  Eleazer  Allen,  Hfq; 
all  the  Money  fo  by  tliem  refpedively  received,  or  which  by  Law  tht  y  ought  to 
have  received,  and  are  accountable  for  j  under  the  Penalty  of  Tv/tnty  Pounds, 
Proclanr^ation  Money., 

IV.  ANJD 


L  A   PF  S    £/"__N  o  R  T  H  -  Carol  i  n  a.  307 

^1^    T-r49. 

IV.  A'N'D  hcit  further. Enact^d^  by  the  Authority  a  for  ef aid ^  That:  ail  and  every  '^ — "^'' ' 

the  Sherifs,  and  ochcr  i^erfons,  v/ho  fliall  be  concerned  in  the  Colkding  and  Re-  nlliibe'c^  rncd 
ceiving  the  Public  Moneies  hereafter  to  be  collected  and  received  within  the  fe-  '""^"^iEi'^b- 
veral  Counties  above  mentioned,    rtiall,    the    Week  afttr  the  next  fucceeding  rou.u"w';th  the 
Genrral  Court  following  the  Time  appointed  by  Law  lor  their  Collecting  or  Re-  Trejfuier. 
ceiving  thereof,  upon  Oath,  account  for  and  pay  the  lam.e  tq.the  Public  Trea- 

furer  aforeLid,  at  Newbern^  u'ntler  the  Penalty  of  Tweaty,  Pounds»^  Proclamati- 
on Money. 

V.  AN B  he  it  further    EnaHed,   by  the  Author: ty  aforefaid.  That  the  Tiid  Tr^sfur-r  to hz 
Public  Treafurer  is  hereby  authorized,  impowered,  and  required,  to  f.ie  and  pro-  Neglca'"thert.n! 
fecute  all  fuch  Sherits  or  othe  r  Ferfons   v/ho  have   heretofore  been,  or  fhali  here- 
after be,  concerned  in  the  Collecting  or  Receiving  the  Public  Money,  or  who 

have  or  Ihall,  at  any  Time  hereafter,  have  any  of  the  faid  Money  in  their  Hands 
v/ithin  the  faid  Countit-s,  and  (hall  neglect  or  refufe^to  account  for  and  pay  the 
fame,  and  alfo  on  the  feveral  Bonds  given  by  each  and  every  of  the  faid  Sherifs 
or  other  Perforis  in  any  of  the  faid  refpective  Counties,  for  the  due  and  faithful 
Performance  of  their  feveral  Offices  and  Duties  j  and  tTie  Ckrks  of  the  fcveral 
County  Courts,  and  every  other  Perfon  or  Perfons,  having  fuch  Bond  or  Bonds, 
Account  or  Accounts,  or  other  Papers,  in  his  or  their  Keeping  or  Paflefnon,.. is 
and  are  hereby  directed  and  required  to  deliver  the  fame  to  the  Public  Treafurer 
aforefaid  of  fuch  County  where  the  faid  Bond  or  Bonds  was  or  were  given,  or 
Accounts  or  other  Papers  lodged,  when  he  Ihall  demand  the  fame, 

VI.  A  N  B  be  it  further  Enacted,  by  the  Authority  aforefaJd^  That  the  ftid  Treafurer  to  ao«' 
Public  Treafur.r  fhall,  from  Time  to  Time,  as  often  as  rcquirtd,  upon  Oath,  "^'''""t  "^''"^  '^"^ 
account  for  and  pay  to  the  General  Aflembly^  all  fuch  Sums  of  Money  which  he     '  " ""  ^' 
fhall  receive  by  Virtu^  of  this  Act ;  for  which  Trouble  he  Ihall  be  allowed  Five 

per  Cent,  on  all  the  Monies  by  him  received'  and  paid  into  the  Alfembly,  (except 
the  Money  he  fliall  receive  from  the  Exe<  utors  of  the  faid  Edvmrd  Mofeky,  Efq  ; 
which  was  lodged  in  his  Hands  for  building  the  Forts,)  and  may  deduct  the  fame 
accordingly,  as  aforefdid. 

VII.  4  N  B  be  it  Enacted,  That  the  Penalties  in  this  A<fl:  mentioned,  Ihall  Penalties  how  to 
be  fued.for  and  recovered,  in  the  General  Court  of  this  Province,  by  Adtion  of  g^'j-jj''"'^''  ^"^ 
Debt,  Bill,  PUint,  or  Information  ;  wherein  no  Effoign,  Protection,  Injunftion, 

or  Wager  of  Law  Ihall  be  allowed  or  admitted  of;  Two  Thirds  whereof  fliall  be 
applied  to  the  Ufe  of  the  Public,  and  the  other  Third  to  the  Treafurer  aforefaid, 

VIII.  A  N  B  he  it  further  Enacted,  by  the  Authority   aforefaid.  That  this  A<5t  cmtimunce  .f 
fnall  continue  in  Force  fo  long  as  the  Adt  before  mentioned  j  tor  appointing  Pub-  the  Aft. 

lie  Treafufefs,  and  no  longero 


C  H  A  p; 


LA   IV    S    of    North-Carolina. 


V*.   D.    1749 

^^ — .^^  CHAP.    VI. 

Jn  A£fy  to  Confirm  the  fcverd  A5li  of  Affembiy  of  this  Province  therein 
mentioned^  as  Revifed  by  the  Com?mJJio?ier s  appointed  by  an  A5i  of  the 
General  AJJembly  of  this  Province^  intituled^  An  Adt,  for  appointing 
Commiffioners  to  Revife  and  Print  the  Laws  of  this  Province ;  and 
for  granting  to  his  Majefty,  for  defraying  the  Charge  thereof,  a  Duty 
.  on  Wine,  Rum,  and  diflilled  Liquors,  and  Rice  imported  into  this 
Province ;  and  fuch  other  Laws  of  this  Province  as  have  been  paffed 
fmce  the  faid  Revifal -,  and  to  dire^i  the  Printing  of  the  f aid  Laws, 

a^ciBAU.         I.  "17^  7"  H  E  R  E  A  S  the  whole  Body  of  the  LaSvs  of  this  Province,  to  the 

VV  Seventh  Day  of  March^  in  the  Year  of  our  Lord  One  Thoufand  Se- 
ven Hutivited  and  Forty  Six,  have,  in  Furfuance  of  the  Act,  For  appointing 
Conimijfwners  to  Reiife  and  Print  the  La'xs  of  this  Province  ;  and  for  granting  to 
bis  Majejiyt  for  defraying  the  Charge  thereof ^  a  Duty  on  fFine,  RuWi  and  difiilkd 
LiquorSy  and  Rice  imporied  into  this  Province^  palled  the  Seventh  Day  of  March, 
in  the  Year  of  o.ur  Lord  Cne  Thoufand  Seven  Hundred  and  Forty  Six ;  and  the 
Act,  To  alter  and  amend  an  Act,  intituled^  An  Act,  for  appointing  Commif- 
fioners to  Revife  and  i  rint  the  Laws  of  this  Province  •,  and  tor  granting  to  his 
Majifty,  for  defraying  the  Charge  thereof,  a  Duty  on  Wine,  Rum,  and  diflilled 
Liqiiors,  artd  Rice  imported  into  this  Province,  pafTed  the  Fifteenth  Day  of 
October^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Eight-,  been  carefully  Compiled  and  Revifed,  and  the  faid  Revifal  laid  before 
both  Houfes  of  this  prefent  Affembiy,  and  approved  of  by  the  faid  Ploufes : 

II.  W  E  pray  that  it  may  be  Enacted,  Jnd  be  it  Enactedf  by  his  Excellency 
Gabriel  Johnfton,  Ef^-,  Governor^  by  and  with  the  Advice  and  Confent  of  his  Ma' 
Jefry*s  Council^  and  the  General  Affembiy  of  this  Province.,  and  by  the  Authority  of 
the  fame^  That  the  Lv  hi  Acts  palled  at  a  General  Biennial  Affembiy,  held  at 
the  Houfe  of  Captain  Richard  SanderfoUy  at  Little  River^  begun  the  Seventh 
Day  of  Novemhery  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Fifteen,  and  continued,  by  fcvcral  Adjournments,  until  the  Nineteenth  Day  of 
January^  in  the  faid  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Fif- 
teen, intituled  as  follows  i  to  wit^ 

T.»ic5  tt  A^s      Coroners  appointed. 

jiff^i  1715.  Ah  A(5t,  to  dired  the  Method  to  be  obfervcd,  in  the  Examination  and  Com- 

mitment of  Criminals. 

An  Aft,  to  dire£t  the  Difpofal  of  Goods  taken  upon  Execution;  and  for  the 
better  Regulation  of  DiltrclTes  heceafter  to  be  made  for  Levies  and  Quit- 
Rents. 

An  A6V,  concerning  Appeals,  and  Writs  of  Efror. 

An  Act,  concerning  old  Tides  of  Land  \  and  for  Limitation  of  Actions, ,  and 
foi"  avoiding  Suits  in  Law. 

Feme  Coverts  how  to  pafs  Lands. 

An  Act,  for  prevenung  Difputes  concerning  Lands  alteady  furveyed. 

An  Act,  concerning  Efcheat  Lands,  and  Efcheators. 

An  Act,  to  regulate  divers  Abufes  in  the  taking  up  of  Lands  •,  and  to  afcer- 
tain  the  Method  to  be  obfervcd,  from  henceforth,  in  taking  up  and  fur- 
veying  Lands. 

An  Ad,  for  Entring  of  VelTels,  and  to  prevent  the  Exportation  of  Debtors. 

An  Ad;  concerning  Roads,  and  Ferries. 

An  Aft,  To  encourage  the  Building  of  Mills. 

An 


L    A   W   ^       of     NORT  H-Ca  R  O  L  I  N  A.  309 

An  A61,  To  appoint  Public  Regillers,  and  to  dircft  the   Method  to  be  ob-    '^-  ^   ^749-. 

ft-rved  in  conveying  Lands,  Goods,  and  Chattels  >  and  for  preventing  frau-  ^""       ^         - 

duleac -Deeds  artd  Mortgages. 
An  Kd:,  for  afcercaining  the  Gauge  of  Barrels,  and  to  prevent  Frauds  in  Pork, 

Beef,  Pitch,  and  Tar. 
An  A61-,  appointing  Toll-Books   to   be  kept  at   or  near   Catherine's  Creek, 

in  Chowan  Precintl:,  the  Head   of  Pequimons  Precinft,  and  at  the  Mouth  of 
'  Nortbwejl  Rivtr,  in  Currituck  Precinct  -,  and  to  prevent  Perfons  from  tranl- 

porting  or  driving- Plorfss,  Cattle,  or  Hogs,  to  other  Perfons  Lands. 
What  P^ences  are  futiicient. 
Private  Burials  prohibited. 
An  A(ff,  Concerning  proving  Wills,'  and.  granting  Letters  of  Adminiftration  ; 

and  to  prevent  Frauds  in  the  Managment  of  Intcftates  Eftates. 
An  A<5t,  concerning  Orphans. 
An  Ail,  for  appointing  a  Town  in  the  County  of  Bath  -,   and  for  fecuFing 

the  Public  Library  belonging  to  St.  Thomas'^  Parilh,  in  Pamplko. 
An  A61:,  for  reilraimng  the  htdians  from  molefting  or  injuring  the  Inliabitants 

of  this  Government ;  and  for  fecuring  to  die  Indians  the  Right  and  Pro- 
perty to  their  own  Lands. 
Public  Treafurers  to  give  Account.  ^  ' 

An  AdV,  impowering  Joc.nnah  Peterfon^  W^idow  of  'Thomas  Peterfrnt^  lafe  of 

Albermark  County,  Elq  \  to  make  Sale  of  certain  Lands,  Jate  belonging 

to  Che  faid  Thomas  Peter  [on  ;  and  to  make  other  Provifion  for  Anna^  the 

.  Daughter  of  the  laid  Thomas  Peterfon,  to  whom  the  laid  Lands  do  dcfcend. 

An  A61,  confirming  the  Titles  of  fundry  Perfons  who  have,  or  hereafter  may,' 

purchafe  Lands  of  Colonel  Thomas  Cary^  in  Bath  County. 

And  the  LaW  pafied  in  tile  Year  of  our  Lord  One  TTHoufirid  StYzri  Hundred  Aap^rr^diyap. 
and  Twenty,  intituled  as  follows  ;  to  tvit. 

An  A.61,  to  confirm  a  Decree  made  in  the  Court  of  Chancery  of  this  Frovmce, 
upon  a  Bill  of  Complaint  exhibited  by  William  Duckenfield^  Efq; 
.     .   ^.../ , ..'.',  .,.-■.. 

And  the  Laws  palTed  at  a  General  Biennial  AfTembly,  held  at  Edenton  in  Cho-     '722- 
wan  Precinct,  begun  the  Second  Day  of  Oofohcr,  and  continued,  by  feveral  Ad- 
journmentSi  to  the  Nineteenth  Day  of  O^ober,  in  the  Year  of  our  Lord  One 
Thoufand  Seven  Hundred  and  Twenty  Tw<j,  intituled  as  follows ;  to  'ijcit^ 
An  A61,  for  a  Road  from  Core-Pomt  to  Newbern^  on  Neus  River. 
Art  additional  Acft  to  an  A6t,  intituled.  An  A£t^  appointing  Toll-Books. 
An  Adf,  appointing  that  Part  of  Albemarle  County,  lying  on  the^^'ejr  Side  of 

Chowan  River,  to  be  a  Precind,  by  the  Name  of  Bertie  Precinft. 
An  Act,  appointing  that  Part  of  the  Southwejl  Piirifh  of  Chowan^  that  lies  on 
the  South  Shore,  and  Alligator^  to  be  a  diftindt  Parifh,  by  the  Name  of    the 
South  Parifh  of  Chowan  ;  and  for  appointing  Veflrymen  for  the  fame  Parilh. 
An  Act,  for  fettling  the  Precinct  Courts,-  and  Court-houfes. 

■\  And  the  Laws  pafTed  at  a  General  Biennial  Afiembly,  held  at   Edenton^  the     ^T'-z- 
Twenty  Third  Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Twenty  Three,  intituled  as  follows  j 
An  Act,  for  fettling  the  Titles  and  Bounds  of  Lands. 

An  Act,  for  an  additional  Tax  on  all  free  Negroes,  Mulattbes,  Muftees, 
and  fuch  Perfons,  Male  and  Female,'  as  now,  or  hereafter  Ihall  be  inter- 
married with  any  fuch  Perfons,  refidcnt  in  this  Government. 
An  additional  Act,  to  an  Act,'  intituled.  An  Act^  concerning  proving  JVills,  and 
granting  Letters  of  Admimfiration  j  and  to  prevent  Frauds  in  the  Manage  ■ 
ment  of  Intejiates  EJia.t<s. 

An 
I  4. 


3IO  Z/^/^-So/*    North-Carolina. 

^-  o-  1749-        An  Act,  to  reftrain  the  keeping  too  great  a  Number  of  Horfes  and  Mares, 

v. — ^ '  ^1^^  fQj.  amending  the  Breed. 

An  Act,  for  the  better  fettling  of  the  Town  of  Newbertty  in  the  Precinct  of 

Craven. 
An  Act,  for  incorporating  the  Sea  Poft  of  Beaufort^  in  Carteret  Precinct,  into 
a  Tbwnfliip,  by  the  Name  of  Bcatifort'. 

Aaipafleai727.  .  And  the  Laws  paffed  at  a  General  Biennial  J\flembly,  held  ni  Edenton^  xhc 
Sixth  Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hun- 
dred and  Twenty  Seven,  intituled  as  follows  \  to  wit^ 

An  Act,  to  appoint  the  Ncrtkwefi  Parifh  of  i?(?r//>  Precinct  a  diftinct  Parifh,  by 
the  Name  of  the  Northwcji  Parifh  of  Bertie  Precinct,  and  for  appoint- 
ing Vellrymeh  for  the  faid  Parifh  ;  and  to  appoint  CommifTioners  in  every 
Parifh  in  this  Government  to  call  the  Churchwardens  and  Veftry  to  Ac- 
count, for  the  Parifh  Money  by   them   received. 

^,\,-.  And  the  Laws  paffed  at  a  General  Biennial  AfTembly,  held  at  Edentcn^  the 

Twenty  Seventh  Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Twenty  Nine,  intituled  as  follows ; 

Ad:  A6t,  for  the  more  quiet  fettling  the  Bounds  cf  the  Meherrin  Indians  Lands. 
An  Ad,  to  make  Hyde  Precind  fcperate  from  Beaufort  Precind,  with  Power 

of  erecting  a  Court-houfe,  and  holding  Courts. 
An  Ad,  to  appoint  that  Part  of  Albemarle  County  lying  on  the  BouthSi^t.  of 

Albemarle  Sound,  and  Moratuck  River,  as  high  as  the  Rainbow  Banks,  to 

be  a  Precinct,-  by  the  Name  of  Tyrell  Precinct. 
An  additional  Act  to  an  Act,  for  appointing  Toil-Bookss  •,  and  for  preventing' 

People  from  driving  Horfes,  Cattle,  or  Hogs,  to  other  Peoples  Lands. 
An  Ad,  for  the  more  effectual  and  fpeedy  putting  in  Execution  the  Act  foi* 

fettling  the  Titles  and  Bounds  of  Peoples  Lands^ 
An  Ad,  to  confirm  Bath-Tcwn  Common. 
An  Ad,  for  Regulating  Veftries  in  this  Government^  and  for  the  better  in- 

fpecting  the  Veftrymen  ..nd  Churchwardens  Accounts,  of  each  and  every 

Parilli  in  this  Government. 

7734,  And  tlie  Laws  pafTed  in  fehe  Year  of"  our  Lord  One  Thoufarid  Seven  Hundred 

and  Thirty  Four,  intituled  as  follows ;  to  ivit. 

An  additional  Act  to  an  Act,  concerning  Roads  and  Ferries. 
An  Ad,  to  confirm  and  eftablifh  the  Precincts  of  Onflow  and  Bladen,  and  for 
appoiMling  them  diftinct  Parishes. 


r7j8. 


And  the  Laws  paffed  at  a  General  Affembly,  held  at  Newberyx,  the  Sixth  Day 
of  March,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty 
Eight,  intituled  as  follows  5  to  -wit. 

An  Ad,  for  appointing  Sherifs  in  the  Room  of  Marfhals  of  this  Province,  for 
prefcribing  the  Method  of  appointing  them,  and  for  limiting  the  Time  of 
their  Contmuance  in  Office,  and  directing  their  Duty  therein  -,  and  for  abo- 
lifhing  the  Office  of  Provofl  Marfhal  of  this  Province,  and  for  altering  thft 
Names,  of  the  Precincts  into  C6unties. 
An  Ad,  to  prevent  killing  Deer  at  unfeafonable  Times. 
An  Ad,  for  appointing  a  Town  on  the  Plantation  whereon  William  Webber 
now  dwelleth,  in  Hyde  Precinct,  on  the  Wefi  Side  of  Malchapungo  River. 

.  And  the  Laws  paffed  the  Eighth  Day  of  March^  in  the  Year  laft  above  faid, 
iiUituled, 
An  Ad,  to  fupply  the  Defect  of  an  Act  pafTtd  lafl  Seffion  of  AfTembly,  inti- 
tuled/^«  yf^?,  for  app aiming  Sherifs  in  ths  Koim  of  Marffoals  of  this  Pro- 


LAWS    of   North-Carolina. 


31 


vincCy  for  prefcribing  the  Method  of  appointing  them^  and  for  limiting  the   ^-  ^    '^49- 

J'ime  of  their  Continuance  in  Office,  and  dire^ijig  their  Duty  therein  ;  an^  '' "v ' 

for  abolijhing  the  Office  of  Provoft  Marfhal  of  this  Provmcey  and  for  al- 
tering the  Names  cf  the  Precincts  into  Counties. 

And  the  Laws  pafied  at  a  General  AlTembly,  held  zt  Ncwhern^  the  Twenty  Aa«piflidi739. 
Fifth  Day  of  February^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Thirty  Nine^  intituled  as  follows  ;  to  wit. 

An  A<ft,  for  prefcribing  the  Method  of  proving  Book  Debts. 

An  Ad:,  for  ereding  the  Village  called  Newton,  in  New-Hanover  County, 
into  a  Town  and  Townlhipj  by  the  Name  of  JVilmington. 

And  the  Laws  paffed  at  a  General  Afiembly,  held  at  Edenton,  the  Twenty     1740. 
Firft  Day  of  Auguft,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty,  intituled  as  follows ;  to  wit. 

An  Adl,  for  confirming  the  Titles  to  the  Town  Lands  of  Edentcn,  for  fecuring 
the  Privileges  heretofore  granted  to  the  faid  Town,  and  for  further  En- 
couragement and  better  Regulation  thereof. 

An  Aft,  to  enable  the  Commiflloners  herein  after  appointed^"  to  erect  and  finilh 
a  Church  at  Newbern,  in  Craven  County  and  Parith,  in  the  Province  aforc- 
faid,  and  for  the  better  regulating  the  faid  Town ;  and  other  Furpofes 
therein  mentioned.  ,     . 

An  Aft,  to  enable  the  Commlflioners  herein  after  mentioned,  to  finilh  the 
Church  already  begun  at  Edenton. 

An  Aft,  for  the  further  and  better  Regulation  of  the  Town  czWtd.  Wilmington, 
in  New-Hanover  County,  and  to  eftablilh  the  Church  of  the  Parilh  of  Sto 
James^  to  be  built  in  the  faid  Town. 

An  Aft,  for  the  more  effectual  eftabiifliing  a  Ferry  from  Bath-Town  to  Core- 
.  Point,  i^c.  . 

An  Aft,  to  exempt  the  Inhabitants  of  Bath-Town  from  working  on  the  Pub- 
lic Roads,  and  to  oblige  the  faid  Inhabitants  to  clear  and  keep  the  Streets  of 
the  faid  Town  clear  and  in  good  Order. 

An  Aft,  to  .enable  the  Juftices  of  'Tyrrel  County  to  build  a  Warehoufe  on 
Scuppernong,  for  receiving  of  his  Majefty's  Quit-Rents. 

An  Aft,  for  granting  an  Aid  to  his  Majefty,  to  defray  the  Expences  of  tranf- 
porting  the  feveral  Troops  inlifted  in  his  Majefty's  Service  in  this  Colony, 
and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in  Commo- 
dities ;  and  for  other  Purpofes  therein  mentioned. 


And  the  Laws  palled  at  a  General"  A fieriibly,  held  at  Edenton,  the  Fourth  Day 
bf  April,  in  the  Yeai*  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
One,  intituled  as  follows  •,  to  wit^ 

An  Aft,  concerning  Marriages,  ,       •.  . 

An  Aft,  to  make  and  Confirm  that  Part  of  the  Main  Road  leading  from 
Bennetts  Cr^ek  Bridge  to'  Virginia,  joining  to  Mr.  Henry  Baker*s,  in  Chowan 
County,  altered  for  the  Conveniency  of  the  Public  by  the  adjacent  Inhabi- 
tants, to  be  the  Main  and  Public  Road, 

An  Aft,  to  appoint  Conftables. 

An  Aft,  to  confirm  and  erect  that  Part  of  the  Province  of  North-Carolina^ 
called  Edgcomb  County,  into  a  County,  by  the  Name  of  Edgcomb  County, 
and  eftablilhing  the  faid  County  a  Parifh  ;  and  for  afcertaining  the  Boundary 
Line  between  the  Notlhwefi  and  Society  Parifhes,    in  Bertie  County. 

An  Aft,  to  prevent  ftealing  of  Cattle  and  Hogs,  and  altering  and  defacing 
Marks  and  Brands,  and  mifmarking  and  milbranding  Horfes,  Cattle,  and 
Hogs,  unmarked  and  unbranded. 

An 


J741. 


312  LAWS    o/'    North-Carolina. 

--iihsr — — ' ■- 

■i  D.   TJ41).        j\j^  _/\it,    lor  afctrtaining  the  Boundary  Line  between  Tyrrel  County,    and 

— -^ ^  Beaufort  County  •■,  aad  between  Edgcomb  Qdunty^  and  ?3;re/  ^nd  Beaufort 

Counties. 

An  A(5l,  tor  reftraining  the  taking  of  exceflive  Ufury. 

An  A£l:,  for  appointing  and  laying  out  a  Town  on  or  near  Aliitam's  Point, 
on  the  Soulh  Side  of  Nezv  River,  in  Ofijlow  County,  by  the  Name  of  Jokn- 
.  fion. 

An  A6t,  to  prevent  the  taking  Boats,  Canoes,  or  Pettiaguas^  from  Landings, 
or  elfewheie,  without  Leave. 

An  A6t,  for  the  better  Obfervation  and  keeping  of  the  Lord's  Day,  commonly 
called  Sunday  ;  and  for  the  more  sfttdual  Suppreflion  of  Vice  and  Immo- 
rality 

An  Adt,  for  the  Tryal  of  fmall  and  mean  Caufes. 

An  Ad-,  for  aiccrtaining  the  Damage  upon  protcfted  Bills  of  Exchange. 

An  ild:,  for  regulating  Weights  and  Meafures. 

An  Adl,  for  the  building  and  maintaining  of  Court-houfcs,  Prifons,  and 
Stocks,  in  every  County  within  this  Province,  and  appointing  Rules  to 
each  County  Prilon  ior  Debtors. 

An  A61,  the  better  to  enable  the  Commiflioners  appointed  for  building  a 
Church  at  Newbern,  to  ered  the  fame,  and  to  impower  them  to  demand 
and  receive  ot  any  l^erfon  or  Perfons,  all  Parifh  Levies  already  laid^  and  not 
appropriated  ;  and  for  other  Purpoies  therein  mentioned. 

An  Adii  for  regulating  Ordinaries,  and  for  the  P^eftraint  of  Tippling-houfes. 

An  AdV,  for  the  Relief  of  fuch  Perfons  as  have  fufFered,  or  may  fuffer,  by 
Neglc(ft  of  the  Regiftcfs  of  the  feveral  Counties  within  this  Province,  im 
regiftring  their  Deeds  or  mefne  Conveyances ;  as  alfo  for  "Want  of  acknow- 
ledging and  proving,  or,  through  Ignorance  and  Neglect,  not  applying  to 
have  the  fame  regift red. 

An  A61,  for  eftablifliing  the  Church,  for  appointing  Parirties,  and  the, Me- 
thod of  electing  Veflries  •,  and  for  directing  the  Settlement  of  rParilh  Ac- 
counts throughout  this  Government. 

An  Ad,  Concerning  Servants  and  Slaves. 

.Impaired 1 7+1.        And  the  Law  paffed  at  IVilmhigion,  in  the  faid  Year  of  our  Lord  One  Thou- 
fand  Seven  Hundred  and  Forty  One,  intituled  as  follows-,  to  wit^ 

An  Ad,  for  erecting  the  upper  Part  of  Bertie  County  into  a  County,  by  the 
Name  of  Northampton  County,  and  for  regulating  the  Limits  between  Society^ 
Parifh  and  the  Northwefi  Parifh  of  Berlie  %  and  for  removing  the  Seat  of 
Bertie  Court. 


mj. 


And  the  Laws  paffed  at  a  General  Affembly,  held  at  Edentcn^  the  Second  Day 
of  A'priU  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Three,  intituled  as  follows ;  to  wit^ 

An  Act,  to  regulate  Elections  for  Members  to  ferve  in  General  AfTembly  for 
the  feveral  Counties,  to  declare  who  fhall  be  qualified  to  vote  in  the  faid 
Elections,  or  to  be  elected  a  Member  of  the  General  Affembly,-  for  any  of 
the  faid  Counties  ;  and  to  direct  the  Method  to  be  obferved  in  taking  the 
Poll  at  the  feveral  Elections  in  the  Counties  and  Towns  in  this  Province. 
An  Act,  for  obtaining  an  exact  Lifl:  of  Taxables,  and  for  the  effectual  col- 
lecting as  well  all  Arrears  of  Taxes,  as  all  other  Taxes,  for  the  future,  due 
and  payable. 
An  Act,  to  impower  the  Jufticts  of  Beaufort  County  to  build  two  fubfcantial 
Warehoufes,  at  the  Places  hereafter  mentioned,  in  the  faid  County,  tor  the 
_  Uie  and  Conveniency  of  the  Inhabitants  paying  their  Taxes  and  Levies. 
An  i^ct,  to  afcertain  what  Attornies  Fees  fliall  be  taxed  and  allowed,  in  any 
Suit  or  Action  brought  in  any  of  the  Courts  of  Record  in  this  Province.-     . 

All 


L.  A   W  S     &/'Nortk-Carolina. 


313 


An  Act,  ibr  making  and   clearing  a  Highway  from  Edentcn-,  into  the  Road    ^-  ^    '749- 
Jc;ading  over  Mr.  Hojkin'%  Mill  Dam,  towards  Peqii:mons  Court-houfe,  and  "^ 
for  erecting  Bridges  in  fuch  Road,  and  alfo  another  Gate  at  Edenton. 


-- v- 


An  Act,  for  erec^img  a  Court-houfe,  Frifon,  and  Stocks,  in  Bertie  County, 
and  for  Jaying  a  lax  on  the  inhabitants  Oi  the  faid  County,  for  defrayino- 
the  Charge  thcrtof. 

And  the  Laws  pafil'd  at  a  General  Alk-mbly,  held  at  Newkrn,  the  Twentieth     17+s. 
Day  of  Jpri'-,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Five,  intituled  as  follows;  to  %vit^ 

An  additional  A(5t  to  an  Ad:,  intituled.  An  A£f,  for  appohitmg  Sherifs  in  the 
Room  of  Marjhnh  of  this  Province^  for  •prefer,  b.ng  the  Method  of  appointing 
them^  and  limiting  the  Time  of  their  Continuance  in  Office,  and  dir citing  their 
Duty  therein  -,  and  for  altering  the  Names  of  Freeing  s  into  Counties. 

An  additional  Ad  to  an  Ad,  intituled.  An  A£ly  to  prevent  killing  Deer  at  ttn- 
feafonable  Times,  and  for  putting  a  Stop  to  many  Ahufes  committed  by  whit: 
Perfons,  tinder  Pretence  of  hunting. 
■  An  Ad,  for  impowering  the  fevcral  ComrnilTioncrs  herein  after  named,  tcJ 
make,  mend,  and  repair  all  Roads,  Bridges,  Cuts,  and  Water- Courfes,  al- 
ready laid  our,  or  hereafter  to  be  laid  out,  in  the  fcveral  Counties  and  Dif- 
trids  herein  after  appointed,-  in  fuch  Manner  as  they  fhall  judge  melt  ufe- 
fol  to  the  r'ublic.  .  . 

An  Ad,  for  erecting  a  Fortification  on  the  lower  Part  of  Cape-Fear  River,' 
for  applying  thereto  the  Powder  Money  already  arifen,  or  which  fhall  arife, 
by  Shipping  coming- into  the  Port  of  Brunfzvick. 

An  Ad,  to  appoint  Commiffioners  in  the  Place  and  Stead  of  thofe  deceafed,' 
to  compleac  and  finilh  the  Church  at  Ne'xbern,  and  for  adding  the  prcfenC 
Churchwardens  and  Veftrymen  to  the  faid  Commiffioners  •,  and  for  impow- 
cring  the  faid  Commiffioners,'  Churchwardens,  and  Veftrymen,  to  call  the 
former  Commiffioners  to  Account,  for  all  the  Monies  by  them  received  for 
the  Ufe  of  the  laid  Church,"  and  to  appropriate  it  to  the  Purpofcs  aforefaid  j 
and  in  Cafe  of  Infufficiency,  to  lay  a  Levy  to  accompliffi  the  fazne. 

An  Ad,  to  add  that  Part  of  the  Province  called  Matamuskeet,  »nd  Lake,  to- 
Hyde  County. 

An  Ad,  to  impov/er  the  Commirfioncrs  for  the  Town  of  Ed^enton,'  to  keep  ia' 
R-epair  the  Town  Fence,  and  to  erect  and  build  a  Pound,  Bridges,  and 
Public  Wharf,  and  Market-houfe  ;  as  alfo  to  erect  and  build  a  School- houfc 
in  the  faid  Town,  and  other  Purpofes  therein  mentioned. 

An  Ad,  for  trhe  better  regulating  the  Town  of  Wilmington,  and  for  confirming 
and  efbablilhing  the  late  Survey  of  the  fame,  with  the  Plan  annexed. 

An  Ad:,  for  fencing  the  Town  of  Bath,  and  re-furveying  the  Common  be- 
longing to  the  faid  Town,  and  exempting  the  Inhabitants  from  working  on 
the  Main  Road;  and  to  give  Liberty  to  the  Inhabitants  to  build  and  im- 
prove the  Front  or  Water"  Lots,  and  to  appoint  Commiffioners  for  the 
Purpofes  aforefaid. 

An  Ad,  to  encourage  Perfons  to  fettle  in  the  Town  of  Brunfwick,  on  the 
Southwefi  Side  of  Cape-Fear  River.' 

An:l  the  Laws  pafled  at  a  General  Afiembly,  held  at  Newhern,  the  Twenty     '?**'" 
Eightlv  Dsy  of  Jum,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Forty  Six,  intituled  as  follows  ;  to  wit. 

An  Ad,  for  the  better  regulating  the  Militia  of  this  Government. 
An  Ad,  for  f  rectin;;  tne  upper  Part  of  Craven  County  into  a  County  and 
I^'mI!;!  ;  an.i  ir.-:  a.;>p'  inang  a  Place  for  building  a  Court-houfe,'  Prifon,  and 
S':ock-s,  ::.  :iie  faid  County. 

K  4  Ar' 


2i^  L    A     V/     S      ^'     N  O  R  T  H  -  C  A  R  O  L  IN  A. 

A  D    17.1.9         An  Atft,  tor  dividing  hdgcomb  County  and  i^arifh,  and  for  erecting  the  upper 

V ^ ^'  p.  J.,,  thereof  into  a  County  and  Parifh^  by  the  Name  of  Granville  County, 

and  St.  John'%  i^arifh  j  and  for  appointing  Veftrynien  of  the  faid  Parifh. 

^iis pjffod  1746.  ^nfi  jhe  Laws  paficd  at  a  General  Aflembly,  held  at  Wilmington,  the  Fifth  Day 
bf  December^  in  the  Year  of  our  Lord  One  Thouiind  Seven  Hundred  and  Forty- 
Six,"  intituled  as  follows  •,  to  wity 

An  Act,  for  the  better  afcertaining  the  Number  of  Members  to  be  chofen  for 
the  fcveral  Counties  within  this  Province,  to  fit  in  General  AlTembly,  and 
for  eftablifhing  a  more  equal  Reprtfentative  of  all  his  Majefty's  Subjects  in 
the  Houle  ot  Burgeffes.         •  *  ' 

An  Act,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public 
Offices-,  for  appointing  Circuit  Courts,  and  defraying  the  Expence  thereof  n 
and  alfo  fpr  LftabUihing  the  Courts  of  Juflice,  and  regulating  the  Procee    • 
>  ings  t|ierein. 

And  the  Law  paffed  at  a  General  Afiembly,  held  at  Newhert?,  the  Seventeenth 
t)ay  of  M.'^rcb,  in  tlie  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
forty  Six,  intituled  as  follow?  •,  fo  ivit, 

"  An  Act,  for  appointing  CommifTioners  to  Revife  and  Print  the  Laws  of  this 
Province,  and  for  grantirig  to  his  Majelfy,  for  defraying  the  Charge  thereof, 
s  Duty  on  Wine,  Rum,  and  diftiiied  Liquors,  and  Rice  imported  into  this 
Province , 

■i^ii.  And  the  Laws  paiTen  at  a  General  AlTembly,  held  at  Netvberny  the  Sixth  Day 

of  /Iprih  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Eight,  intituled  as  foUov/s  •,  to  -wit. 

An  Act,  to  appoint  Public  I'reafurers, 

An  Act,  for  regulating  the  fevtral  Officers  Fees  within  this  Province,  and  af- 
^  certaining  the  Method  of  paying  the  fime. 

An  Act,  for  laying  a  Tax  on  the  Inhabitants  of  Granville  County,  and  for 
appointing  CorammifTioners  to  compleat  and  Hnilh  the  Public  Buildings  al- 
ready begun  in  the  faid  County. 

An  Act,  to  prevent  the  Expc;rtaticn  of  raw  Hides,  Pieces  of  Hides,  and 
Calf  'Jkins,  out  of  this  Government. 

An  Aft,  to  appoint  Commiflioners  to  continue  running  the  Boundary  Line 
between  Edgcomb  County,  Tyrrel,  and  Part  of  Beaufort  Counties. 

An  Act,  for  Deflroying  of  Vermin  in  this  Province. 

An  A  (ft,  to  enlarge  the  Time  for  the  Commifiioners  of  the  Roads,  appointed 
by  the  Act  of  AiTcmbly  paffed  April  the  Twentieth,-  One  Thoufand  Seven 
Hundred  and  Forty  Five,  intituled,  Art  Afc^  fcr  impcwering  the  feveral 
Comm^JJioners  herein  after  named.,  to  make,  mend,  and  repair  all  Roads  and 
Bridges,  Cuts  and  Water-Ccurfes,  already  laid  out,  cr  hereafter  to  be  laid  out^ 
in  the  feveral  Counties  and  T>ifiri5ts  herein  after  appointed,  in  fuch  Manner 
as  they  fhall  judge  moft  ufeful  to  the  Public,  to  recover  the  feveral  Sums  due 

from  Defaulters.  j  /^  •    • 

An  Acf,  to  provide  indifferent  Jurym.en  in  all  Caufes  both  Civil  and  Criminal, 

and  for  an  Allowance  for  their  Attendance. 
An  A<51,  to  alter  the  Times  for  holding  Courts  for  the  County  of  New-Hanover. 
An  Aft,-  for  granting  unto  his  Majcily  the  Sum  of  Twenty  One  Thoufand 
Three  Hundred  and  Fifty  Pounds  Proclamation  Money,  and  for  Stamping 
and  Emitting  the  faid  Sum  of  Twenty  One  Thoufand  Three  Hundred  and 
Fifty  Pounds,  Public  Bills  of  Credit  of  this  Province,  at  the  Rate  of  Pro- 
clamation Money,  to  be  applied  towards  building  Fortifications  in  this  Pro- 
vince, Payment  of  the  Public  Debts,  exchanging  the  prefont  Bills  of  Cre- 
dit, and   for  miiking  proper  Provifion  for  defraying  the  contingent  Charges 

of 


L    A   JV   S       of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


315 


of  the  Government;  and  foi  Repealing  the  fcveral  Laws  herein  alter  men-   ■^-  ^^-   '"'49- 
tioned.  *^ — V ' 

And  the  Laws  pafTed  at  a  General  Affembly,  h;-ld  at  Newbern^  the  Fifteenth  Aas  paired  174?. 
Day  of  October.,  in  the  f.iid  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Eight,  intituled  as  follows  -,  to  wit^ 

An  Act,  to  appoint  a  convenient  Place  for  holding  the  County  Court  of  Grcn- 
ville,  and 'to  impower  tiie  Com  miffi oners  hrreaker  nimed  to  build  a  Court- 
houfe,  Prifon,  and  Stocks,  in  the  faid  County. 

An  A6t,  for  defraying  the  Expencc  of  the  Members  of  his  Majefty's  Honour- 
able Council,  and  the  Members  of  the  General  Afiembly  or  this  Province, 
in  their  travelling  to,  from, 'and  attending  at  the  faid  AitTemblics ;  and  to 
compeil  their  Attendance. 

An  A6t,  for  afcertaining  the  Bounds  of  a  certain  Tract  of  Land,  formerly  laid 
out  by  Treaty,  to  the  tJfe  of  the  ^ujkercra  Indians,  fo  long  as  they,  or  any 
of  them,  fhall  occupy  and  live  upon  the  fame  -,  and  to  prevent  any  Perfon 
or  Perfons  taking  up  Lands  or  fettling  within  the  faid  Bounds,  by  Pretence 
of  any  Purchafe  or  Purchafes  made,  or  that  fhall  be  made,  from  the  faid 
Indians. 

An  Act,  for  forming  a  Rent-Roli  of  all  the  Lands  holden  in  this  Province,  for 
quitting  the  Inhabitants  in  their  Poiieirions,  and  for  directing  the  Payment 
of  Quit-Rents, 

An  Act,  to  appoint  an  Agent  to  follicit  the  Affairs  of  this  Province,  at  the 
feveral  Boards  in  England. 

An  Aft,  for  the  better  regulating  the  Town  of  Newhern^  for  fencing  the 
fame,  and  fecuring  the  litles  of  the  feveral  Perfons  who  hold  Lots  in  the 
faid  Town. 
■  An  Act,  to  alter  and  amend  an  Act,  intituled,"  An  A5f^  for  appointing  Cont' 
mij[Jioners  to  Revife  and  Print  the  Laws  of  this  Province,  and  for  granting  fe> 
his  Majcfty,  for  defraying  the  Charge  thereof,  a  Duty  on  Wine,  Rum,  and 
difiilkd  Liquors^  and  Rice  imported  into  this  Province. 

And  the  Lavv^s  pafifed  at  a  General  AfTembly,  held  at  Neivhern,  the  Fourteenth 
Day  of  April,  in  the  Year  of  our  L,ord  One  I'houfand  Seven  Hundred  and  Forty 
Nine,  intituled  as  follows  -,  to  wit. 

An  additional  Act,  to  an  Act,  intituled,"  An  ASf^  for  forming  a  Rent-RoU  of 
all  the  Lands  holden  in  this  Province,  for  quieting  the  Inhabitants  in'^their 
Pcff:ffions,  and  for  directing  the  Payment  of  ^lit  Rents. 

An  Act,  for  the  Relief  of  poor  Debtors,  as  to  the  Imprifonment  of  their 
Perfon'5. 

An  A6t,  for  tlic  Encouragement  of"  Jantes  Davis,  to  fet  up  and  carry  on  his 
Bufmefs  of  a  Printer  in  this  Province  -,  and  for  other  Purpofes  therein  men- 
tioned. 

An  xAd,  Directing  the  Method  for  cutting  or  docking  Incails  of  fmall  Eflates.' 

And  the  Laws  paiTcd  this  prefent  Seflion  of  Aflembly,'  at  Newhern,  the 
Sixteenth  Day  of  OStoher,  in  the  Year  of  cur  Lord  One  Thoufand  Seven  Plun- 
dred  and  Forty  Nine,  intituled  as  follows  •,  to  wit,: 

An  Aft,  to  put  in  Force  in  this  Province,  the  feveral  Statutes  of  the  Kingdom 

of  England,  or  South  Britain,  therein  particularly  mentioned.  ' 
An  Act,  to  revive  a  Claufe  in  an  Aft  of  the  General  Affembly,  intituled.  An 
A£I,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public  Offices; 
for  appointing  Circuit  Courts,  and  defraying  the  Expcnce  thereof;  and  alfo  for 
Eflablijhing  the  Courts  of  Jnfiice,  and  regulating  the  Proceedings  therein. 
An  additional  Aft  to  an'  hit,  intituled.  An  Act,  to  provide  indifferent  Jurymen 
in  all  CaufeSi  Civil  and  Criminal,  and  for  an  AUovjanct  for  their  Attendance. 

An 


I743-, 


3  1 6  L    A   Jy   S       O/'      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


"•%•' 


Th'.   7 fort 


1/49  An  Act,  for  altering,  explaining,  and  continuing  an  Act,  intituled.  An  Jcf, 
for  the  better  Regulating  the  Mditia  of  this  Government. 
An  Acf,  to  apppoint  a  Public  Treafurer,  in  the  Room  of  the  Honourable  Ed- 
ward  Mofeley^  Lfqv  deceafed :  And  every  Claufe  and  Seftioti  of  them,  and  each 
U'rAar.ieciJred  of  them,  (except  fuch  Claufe  and  Claufcs,  Se6tion  and  Sections,  which  are  be- 
>-  be  m  F«rce.  come  oblolcte,  have  expired,  or  ftand  and  are  repealed  by  any  fubfequent  Act  of 
the  General  Afiembly  of  this  Province  herein  before  mentioned j)  are  hereby  Con- 
firmed, and  ihall  be  held,  deemed,  and  taken  to  be  and  remain  in  tuU  Force 
■within  this  Province  ;  and  lliall  be  Printed,  and  given  in  P>idencr,  agreeable  to 
the  afore- mentioned  Act,  intituled.  An  /ict,  for  appinting  Ccmn.iffwncrs  to  Revifr 
and  Print  the  Lavjs  of  this  Prcvifice,  and  fcr  granting  to  his  Mqjtjly,  for  defray- 
mg  the  Charge  thereof^  a  Duty  on  Wine,  Rum,  and  difiiUed  Liquors^  and  Rice 
imported  into  this  Province ;  and  the  Act,  intituled,  yln  Act,  to  alter  and  amend 
an  Act,  intituled.  An  Act,  tor  appointing  CommifTioners  to  Revife  and  Print  the 
Laws  of  this  Frovince,  and  for  granting  to  his  Maj^fty,  for  defraying  the  Charge 
thereof,  a  Duty  on  Wine,  Rum,  and  diiiilled  Liquors,  and  Rice  imported  int« 
this    Province. 

Whit  s-ecis  t^s       III.  AND  be  it  further  Enacted,  hy  the  Authority  cforefaid.  That  all  Fine* 
ft«rai  FiHes  are  ^^^  Forfeitures  mentioned  in  any  of  the  before  recited  Laws,  where  the  particular 
Species  of  iMoney  is  not  fpecialiy  named,  the  fame  fhall  be  undcrflood,  deemed, 
and  adjudged  i:o  be  Proclamation  Money,  and  none  other. 

Lnws    repealed,       IV.  AND  he  tt  furthcr  Enacted,  hy  the  Authority  aforefaid.  That  all  and 
&c.  and   Titles  gygj-y  Act  and  Acts,  Claufe  and  Clauf.Si  Section  and  Sections,  of  all  and  every 
£  printed.       ^^^  ^^^  ^^^  ^^  ^^  General  Affembly  of  this  Province^  in  the  faid  revifed  Law« 
or  Acts  of  the  faid  General  Aflembly,  mentioned  to   be  obfolete,  expired,  and 
repealed  •,  are  hereby  Enacted  and  Declared  to  be  obfolete,  expired,  and  repeal- 
ed j  and  the  Titles,  with  fuch  Note  only,  be  printed, 

4.11  Things  her.-      V.  PROVIDED  always  never  thckfs^  and  it  is  hereby  Enacted,  That  all 

fofore  done  hy  ^^^  evcry  Judgment,  Order,  Decree,  or  Sentence  of  any  Court  heretofore  given 

l2Tnol  re-    oT  paffed,  and^ll  and  every  Matter  or  Thing  heretofore  done  and  performed,  by 

?'*'-cdVahi'  ^^'  ^'^y  O^^cer  or  Officers:^  Judicial  or  Miniflenal,  or  by  any  other  Perfon  or  Per- 

fons  whatfoever,  in  Virtue,  and  by  Force  of  any  Act  or  Acts,  Claufe  or  Claufes, 

of  ^ny  Act  or  Acts  of  the  General  AiTembiy  of  this  Province,  in  the  faid  revifed 

Laws*  mentioned  to  be  obfolete,  expired,  or  repealed,  fhall   be  deemed,  _  held,- 

and  taken  to  be  good  and  valid  in  Law,  to  all  Intents  and  Purpofes,  as  if  the 

faid  Acts  were  continued  and  in  full  Force  ;  any  Thing  herein  before   contained.- 

to  the  contrary,  in  any  wife,  notwithftanding. 


SIGNED  by 

Gabriel  Johnston,  ^fqj  Governor,' 

Nathaniel  Rice,  Prefident.' 

Samuel  S  w  a  n  n  ,  Speaker. 


Anno 


LAWS    o/'    North-Carolina.  317 


Anno  Regni 

G  E  O  R  G  II   IL 


Regis,  Magna   j^ritanni^,  Francis,  & 
Hibernia,  Viceffimo  Tertio. 


At  a  General  ASSEMBLY,  held  at  Ne^whertu  the  c  a  > « i  e  * 
Seventeenth  Day  of  Aiarchj  in  the  Year  of  our  Lord  One  ^'^s  co'"a«- 
Thoufand    Seven  Hundred   and  Forty  Nine. 


CHAP.     I. 

An  AB^  for  Eredfing  the  Upper  Part  of  New-Hanover  County  into  €. 
County  and  Farijh^  by  the  Name  of  Duplin  County^  and  St.  Gabriel 
Parijh  j  and  for  appointing  a  Place  for  building  a  Court-houfe,  Prifon, 
ajid  Stocks,  in  the  faid  County, 

I.  XTI  7"  H  E  R  E  A  S  the  County  of  New-Hono'ver  is  now  become  fo  Very  ex-  Preamble, 

V  V  tenfive,  that  many  of  the  Inhabitants  thereof  live  very  remote  from  the 
Place  where  the  Court  of  the  faid  County  is  held,  whereby  a  great  many  Difficul- 
ties and  Hardfhips  arile  to  the  Upper  Inhabitants  thereof,  not  only  in  attending 
their  ordinary  Bufinefs  in  the  faid  Court,  but  alfo  by  being  compelled  to  ferve  as 
Jurymen,  and  oftentimes  as  Evidences,  at  the  faid  Court :  For  Remedy  whereof, 

.  II'.  W  E  pray  that  if  may  be  Enacted,  And  be  it  Enacted^  by  his  Excellency  Divifion  of  tfee 
Gabriel  Johnilon,  Efy-,  Governory  by  and  imth  the  Advice  and  Confent  of  his  Ma-  ^''""'y* 
jefty's  Council^  and  the  General  Ajfembly  of  this  ProvincCy  and  by  the  Authority  of 
the  fame.  That  New-Hanover  County  be  divided  by  a  Line,  beginning  at  the 
Mouth  of  Rock-fifh  Crt-ek,  on  the  North~Eo.fi  River  of  Cape-Feary  running  Eafi 
!«o  Onfloix)  County,  and  Wefiward,  by  a  ftreight  Line  from  the  Mouth  of  the  faid 
Creek,  to  the  Upper  Forks  of  ^lack  River,  where  Cchecry  and  the  Six  Runs 
meet,  thence  up  Cohecry  to  the  Head  thereof-,  and  that  the  Upper  Part  of  the 
faid  County  be  crcd^ed  into  a  County,'  by  the  Name  of  Duplin  County,  and  St. 
Gabriel  Parifh  :  And  that  the  faid  Cdunry  and  Parifh  (hall  enjoy  all  the  Previlcges 
and  Advantages  that  any  oth^r  County  and  Parifli  in  this  Province  now  holds 
or  eiijoys. 

L  4^  m.  ANS^ 


3 1 8  L   A    IV    S     o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

^.  D.    1749. 

<^ v' '      III.  AN D  be  It  further  Enabled^  by  the  Authority  ^/i??"(?/2z;V/,  That  the  Courts 

County  ''^wL'n    of  the  faid  County  Ihali  be  held  on  the  Second  Tuejdays  in  January^  April,  July't 
^^^'^-  and  O^ober. 

Firfl  Court  when      IV.  AND  he  it  further  Ena£ied^  That  the  Juftices  of  the  faid  County,  or  the 

CoartSfe,&c.  MajoHty  of  them,  fhall  hold  their  iirft  Court  at  the  Houfe  oi  William  McRee,  at 

to  hi  buiit.'and  Gcfoen,  and  then  and  there  nominate  and  appoint  a  certain  Place  for  building  a 

divw^^n^oD.f-  Court-houle,'  ir'rifon,  and  Stocks,  at  the  molt  proper  Place  in  the  laid  County  i 

tr;as,  &c.         2iT\<i  Ihall  further  divide  che  faid  County  into  Diftncts,  and  appoint  Commiffioncrs 

of  the  Roads  for  the  Lme  •,  and  ihall  alio  make  fuch  Orders  and  Rules  tor  ereil- 

■    ino-  the  faid  Buildings,,  and  running  the  Dividing  Line  afortfaid,  at  the  proper 

and  equal  ExperKe  ol"  the  Inhabitants  of  the  fame,  by  a  Poll-Tax,  not  exceeding 

One  Shilling  rroclamation  Money,  per  Year,  for  Thfee  Years,  and  no  longer. 

«^.>mm:(Tiiners  V.  A  N  D  be  it  furthcr  EnaEled^  That  Mr.  John  Sc.mpfon^  and  Capt.  Henry 
1-7  ';"'->»•  Hyrne,  be,    and  are  hereby  appointed   and  authorifed  Coromifiioners ;  and  arc 

hereby  im powered  and  direded  to  run  the  faid  dividing  Line  between  the  Coun- 
ties of  New-Hancver,  and  Buflin. 

Y\,  AND  he  it  further  Enacted^  by  the  Auihcrity  cforefaid.  That  William 
-'■criffappou-ittd.  j^^^^^^   jj^jj^_  ^^^  and  is  hereby   appointed  Shtritf  of  the  faid  County,  until  the 
■      Time  by  Law  prefcribed  for  appointing  Sherits  tor  the  fevcral  Counties  in  thiar 
i-'rovince    and  fhall  be  veiled  with  all  the  Powers  and  Authorities  any  other  She- 
riff or  Slierifs  in  this  Province  is  and  arc  vefted  with.     And  to  the  End  that  no 
Aftion  beo-un  in  New-Hanover  County,  be  defeated  by  the  Divifion  atorefaid, 

iprocefs  com-  -"^ft'E'E:  tt  Enttcted^  by  the  Authority  aforefaid^  That  where  any  Action  is 
n«n«dmJVCTu>- ^|j.g^^^„  commenced  in  the  fiid  Court  of  New-Hanover  Cownty,  and  that  the 
Sums'nr  Parties  or  Evidences  [hall  be  inhabitants  of  the  County  of  Duplin,  all  fublcquent 
Du[4i»,  to  be  pj.yctfs  ao-ainft  fuch  Parties  or  Evidences,  fliall  be  diredled  to  be  executed  by  the 
shlrtrcfM^.  Sheriff  ^(^  Neiv- Hanover  County:  Any  Law,-  Ufage,  or  Cuilom,  to  the  con- 
Hano^cr.  traty,  •  notwithftanding, 

V  (Vrymen  rp-  VIIL  AND  he  it  further  Enacted,  by  the  Authority  af ere  faid.  That  Mr. 
*''"'"'•  John  Sompfon,    Mr.  William  McRee,    Mr.    George  Mears,  Mr.  Francis  Brice^ 

Mr.  William  Houfton,  Mr.  Jofeph  Williams,  Mr.  John  Herring,  Mr.  Anthony 
Cox,-  Mr,  Mark  Philips,  Mr.  John  'Turner,  Mr.  Thomas  Suggs,  and  Mr.  Charles 
Gavin,  be,  and  are  hereby  appointed  Veftrymen  of  St.  Gabriel  Parilh  aforefaid, 
until  the  General  Election  of  Veftrymen,  according  to  Law ;  and  that  the  faid 
Veftrf  men  Ihall  be  fummoned  by  the  Sheriff  of  the  faid  County  of  Duplin,  to 
meet  at  the  Place  appointed  by  this  Ad:  where  the  Court  is  to  be  held,  and  qua- 
lify themfeives  as  a  V'eftry,  and  proceed  to  Parilh  Bufinefs. 
-.*•-•  -  . 

•■■'    -  IX    A  HD  be  it  further  Enacted,  That  all  Public,  County,  and  Parifn  Levies, 

:?lneft!rry  Vow  duc  from  any  of  the  Inhabitants  of  the  faid  County  of  Duplin,  fhall  be  col- 
he  sh.r,ft  of     ^,     ,   ,        ,     Sheriff  of  New-Hanover  County,  and  accounted  for  m  the  fame 
Manner  as  if  this  A^:  had  not  been  made. 

ou^un    ccunty      X.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid 
to  i:nci  Juror.  .0  Q^^^^^^  ^f  DubUu  be,  and  is   hereby   obliged  to  fend  Jurors  to  the  Courts  ot 
^t'"''"         Aflize,  Oyer  and  Terminer,  and  General  Goal  Delivery,  to  be  held  ^.tWilmtngton, 
m  like  Manner  as  the  Counties  of  Bkdm  and  Qpf.ovj, 

CHAP, 


^ ..  — ■ ■ " "i 

LAWS     o/^    North-Carolina.  319 


CHAP.     II. 


A.  D.    1-49. 
' V- — - 


for  app 
in  the  faid  County. 

I-  T  TS  r  H  E  R  E  A  S  the  County  of  Bladen  is  nov/  become  fo  very  extenfive,  Pieambi^, 
'>.'.  Vy ••  that  many  of  the  Inhabitants  thereof  Uve  vtry  remote  from  the  Place 
vvhere  the  Court  of  the  Hiid  County  is  held  •,  whereby  a  great  many  Difficulties 
and  Hardfliips  arife  to  the  Upper  Inhabitants  thereof,  not  only  in  attending  their 
ordinary  Bufinefs  in  the  faid  Court,  but  alfo  by  being  compelled  to  ferve^as  Ju- 
rymen, and;  oftentimes  as  Evidences,  at  the  faid  Court :  For  Remedy  whereof, 

II.  W  E  pray  that  it  may  be  Eriafted,  And  he  it  EnaHed^  by  his  Excellency  D:y;f,oB  of  the 
Gabiiel  Johniton,  Eff,  Govtrnor,  by  and  with  the  Jdvue  and  Confent  of  his  Ma-  ^"'"^*>- 
jeftfs  Council,  and  the  General  Affcmbly  of  this  Province^  and  by  the  Authority 
of  the  fame.  That  Bladen  County  be  divided  by  a  Line,  beginning  at  the  Place 
where  the  South  Line  of  this  Province  croffeth  the  Weftermofc  Branch  of  Little 
Pee-Dce  River,  then  by  a  (treight  Line  to  a  Place  v/here  the  Commiffioners  for 
runninc^  the  Southern  Boundary  of  this  Province  crolTed  that  Branch  of  Little  Pee- 
Dee  River,  called  Drcwning  Creek,  thence  up  that  Branch  to  the  Head  thereof^; 
then  by  a  Line^  to  run,  as  near  as  may  be,  equidiftant,  from  Saxpahaiv  River, 
and  Great  Pee-Dee  Rivef  -,  and  that  th^  upper  Part  of  the  faid  County  and  Pa- 
riib:  fo  laid  off  and  divided;  be  ereded  into  a  County  and  Parifli,  by  the  Name 
of  Anfon  County,'  and  St.  George's  Pariih,  and  that  all  the  Inhabitants  to  the 
Wefiivar^  of  the  afore-mentioned  dividing  Line,  fhall  belong  and  appertain  to 
Anfon  Coimvf:  And  that  the  faid  County  and  Pariih  fhall  enjoy  all  and  every 
€\Q  Privilep-esy  which  any  other  County  or  Parilla  in  this  Province  holds  or  enjoys. 

Til.  AND  hi  it  further  Enacted,  by  the  Authority  aforefad.  That  it  fhall  and  Ta^c  w  !.e  \^\\: 
may.be  lawful,  for  the  Juil'ices  of  the  faid  County  to  lay  a  Tax  on  all  the  Tax-  'g^S*%<:, 
ables  in  the  faid  County,  not  exceeding  the  Sum  of  One  Shilling  Proclamation 
lAQX\t^,  per  Annum,  for  the  Term  of  Three  Years,  for  building  a  Court-houfe, 
Prifon,  and  Stocks,  in  the  l;ud  County,  at  fuch  Place  as  the  faid  Juftices  fhall 
agree  upon  and  appoint,"  at  the  County  Court  to  be  holden  on  the  Third  I'uefday 
of  October,  ncyX  following;-  ancl  fhall  further  divide  the  faid  County  into  Dif- 
tricts,  and  fhall  appoint  LommifTioners  of  the  Roads  for  the  fame  :  Which  faid 
V  Tax  fliall  be  Collected  by  the  Sheriff  of  the  faid  County,  at  fuch  Times,  and  in 
the  fame  Manner  as  other  County  Taxes  are  coUefted.  % 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  courts  of  iha 
Courts  of  the  faid  County  fhall  be  held,  on  the  Third  ^uefdays  in  January,  April,  ^--y  «»>«" 
July,  and  October. 

V.  AND  be  it  further  Enacted,  That  Jofeph  White,  be,  and  is  hereby  ap-  sheriff appeintca. 
pointed  Sheriff  xA  the  faid  County  of  Anfon,  until  the  I'ime  prefcribed  by  Law 

for  appointing  Sherifs  of  this  Province  ;  and  fhall  be  vefted  with  the  fame  Powers 
and  Authoriti-s,'  as  any  othei"  Sheriff  of  any  other  County  in  this  Province  is 
vefted  with. 

VL  AN  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  Jofeph  v^ftrymcn  ».-, 
White,  Mr.    Charles  Rohcrtfon,  Mr.    Edmond  Cartkdge,  Mr.    IVUliam  Philips,  f'"""" 
Mr.  John  Brandon,  Mr.  John  Furbus^  Mr.  James  Carthy, .  Mr,  John  Crawford^ 


!Pt<5cefs  crmmen 


^20  L  A  J'V  S    of    North-Carolina. 

A.  D  1749.  jyAr.  Alexander  Ojhorn^  Mr.  Walter  Carieth,  and  Mr.  Jchn  Brevard^  be,  and 
v^  '  they  are  hereby  appointed  Veftrymen  of  the  faid  Parilh  of  St.  George's,  until  the 
General  Election  of  Vtllrymen,  according  to  Law  ;  and  that  the  faid  Veftrymeil 
fhail  be  fummoned  by  the  ShtrifF  of  the  faid  County,  to  meet  at  fuch  Time  and 
Place,  as  the  Majority  of  the  faid  Veftryrnen  fhall  appoint,  and  qualify  them- 
fcives  as  a  Vcftry,  and  proceed  to  Farifli  Bufinefs. 

.-?,;-.  CMnt;  VII.  J  N  D  he  it  further  Enacted,  That  ail  County  and  Pari fh  Taxes,  nov^ 

katd  'by''^the  '  due  from  any  of  the  Inhabitants  of  the  faid  County  of  Anfon,  fhall  be  Collefted 
Sheriff  of  5/fl<;ea.  |jy  [j^^  Sheriff  of  Bladen  County,  and  accounted  for  in  the  fame  Manner  as  tho* 
this  A6t  had  not  been  made. 

VIII.  A  N  D  to  the  End,  that  no  Action  commenced  in  Bladen  County  be  de- 
feated, by  the  Divifion  aforefaid, 

IX.  B  E  it  Enaciedy  ly  the  Authority  aforefaid.  That  where  any  Aftion  is  al- 
ready commenced  in  the  faid  County  of  Bladen,  and  that  the  Parties  or  Eviden- 

bUantsof i«/iB,  ces  Ihall  be  Inhabitants  of  Anfc7i  Countyj  all  fubfequent  Procefs  againft  fuch  Par- 
thp'"sheL^ff^  cf"  ties  or  Evidences,  Ihall  be  diredcd  to  be  executed  by  the  Sheriff  of  Bladen 
siadtn.  County,  to  the  End  and  final  Determination  of  the  faid  Caufes  :  Any  Law,  Ufage, 

or  Cultom,  to  the  contrary,  notwithflanding. 

X.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid 
^/°eci^o  f"n$  County  of  Anfon  be,  and  is  hereby  obliged  to  fend  Jurors  to  the  Courts  of 
jnr.  rs  to  wii-  Afllzf,  Ojcr  and  'Terminer,  and  General  Goal  Delivery,  to  be  held  at  IVilmington, 
*,r.gton  Afl-u...    .^  j-j^^  Manner  as  the  Counties  of  Blcden  and  Onpw. 


c  pt  A  P.  in. 

An  additlo?ial  AS}  to  an  A£t,  for  obtaining  an  exaSf  Lifi  of  Tauahles  ; 
and  for  the  effeBiial  Collecling  as  well  all  Arrears  of  Taxes,  as  all  other 
Taxes,  for  the  future  due  and  payable, 

J.  XTTHEREAS  Doubts  have  arifen,   what  Perfons  fhall  be  deemed  and 
\^    taken  for  taxable  Perfons  in  this  Province,  and  no  Law  now  in  Force 
does  afcertain  the  fame  :  For  Remedy  whereof, 


preamble. 


p.rf  ns   deem.d       H-  ,B  E  it  EnaSted,  by  his  Excellency  Gabriel  johnfton,  Efq-,  Governor,  ly  and 
lixabies.  .^ifjj  ijyg  jthice  a}id  Confent  of  his  Mc^jejly's  Council,  and  General  Affembly  of  this 

Province,  end  by  the  Authority  of  the  fame.  That  all  and  every  white  Perfon, 
Male,  of  the  Age  of  Sixteen  Yearsy  and  upwards,  all  Negroes,  Mulattoes,  Mui- 
ttes,  Male  or  Female,  and  all  Perfons  of  mixt  Blood,  to  the  fourth  Generation, 
of  the  Age  of  Twelve  Years,  and  upwards,  and  all  white  Perfons  intermarrying 
with  any  Hegroe,  MulrToc,  Muftte,  or  other  Perfon  of  mixt  Blood,  while  fo 
intermarried,  and  no  other  Perfon  or  Perfons  whaifoever,  fhall,be  d'^emed  Taxa- 
bles ;  Any  Law,  Ufage,  or  Cuflom^  to  the  contrary,  notwithflanding. 

IIL  A  N  D  whereas  it  fomctimes  happens,  that  through  the  Death  or  Removal 
of  the  fevcral  Conllables  out  of  their  refpc<5live  Counties,  the  feveral  Mafters, 
Mifbrciles,  or  Overfeers,  are  not  duly  fummoned  to  appear,  and  give  in,  upon 
Oath,  their  refpedive  Lifts,  whereby  Deficiencies  have  happened,  and  DifputeR 
ai'ifcn;  For  Remedy  whereof* 

IV.  Bl 


L  A  JV  S    of    North-Carolina.  321 


A.  D.     1749. 

IV,  B  E  it  Enactedy  by  the  Authority  aforefaiiy  That  every  Mafter  or  Miftrefs  ^".""X""!,,,-: 
©f  a  Family,  or  OverHjer  of  a  Plantation,  of  which  there  is  no  Mailer  or  MJitrefs,  funsVee'rainrto 
v/ii;hin  the  County,  akliough  not  fummoned,  is  hereby  required  to  appear  before  f,7T.i'"hpt£  ^au 
one  of  his  Majefty's  Juiliccs  of  the  Peace  for  the  County,  on  or  before  the  fecond  ti...-'  not'/»m- 
Court  to  be  held  for  the  County,  after  the  Pirft  Day^  of  May^  Ycady,  and  to  '"°°'-"^' 

give  in  his  or  her  Lill  of  laxabJes,  fttting  forth  in  fuch  Lift,  the  Name  and 
Sex  of  each  Taxable  Perfon,  whether  white  or  black,  bond  or  free,  and  dif- 
tinguifhing  fuch  Male  Slaves  as  are  Sixteen  Years  of  Age,  and  upwards  -,  under 
the  Penalty  of  Forty  Shillings,  Proclamation  Moneys  over  and  above  Twenty 
Shillings,  like  Money,  for  each  and  evey  Month  he  or  fhe  fhall  negledl  giving 
in  fuch  Lift,  after  the  faid  Second  Court  to  be  held  for  the  faid  County,  after 
the  faid  Firft  Day  of  May :  To  be  recovered  in  any  Court,  or  before  Two  Juf- 
tices  of  the  Peace,  according  as  the  fame  may  be  cognizable,  by  Adlion  of  Debt, 
Bill,  Plaint,  or  Information-,  wherein  no  EfToign,  Protedlion,  Injunction,  or 
Wager  of  Law,  fliall  be  allowed  or  admitted  of:  One  Half  to  the  Informer, 
and  the  bthei*  Plalf  to  be  paid  to  the  Juftices,  for  the  Ufe  of  the  County  where 
the  fame  Hiall  b'e  recovered. 

V.  A  N  D  be  it  further  EnaSled.,  That  all  fuch  Perfon  or  Perfons  refident  in  P«fon3  'not  ha»- 
iny  County  of  this  Province,  at  the  Times  Taxables  are  by  Law  to  be  inlifted,  rhe,r°*l'n'ifthf 
who  have  no  Home  or  Dwelling  of  his  or  their  own  in  fuch  County,  fhall,  and  county,  to  pro- 
are  hereby  required,  to  procure  fome  Houfe-keeper  to  Lift  him  or  them ;  under  k^per't'o'givTin 
the  fame  Penalties  and  Forfeitures  as  by  Law  are  inflidted  on  Matters  of  Families  ^^^"  ^'**' 
negleding  to  give  in  their  feveral  Lifts, 

■        .       '         (   .        -• 
VI..  AND  the  better  to  difcovef  Concealments,  Be  it  Efiacted^  by  the  Autho-  cierk  to  tranf* 
rity  aforesaid.  That  the  Clerk  of  each  and  every  County  Court,  fh^^l,  within  Lift?,fTUhfbi>' 
One  Month  next  atter  the  Lifts  of  Taxables  fhall  be  returned  by  the  Juftices  into  «» ^he  sheriff,  *; 
his  Office,  tranfmit  One  attefted  Copy  of  fuch  Lift,  Yearly,  to  the  Sheriff  of  t^fn r/offic? 
the  faid  County ;  and  alfo,  fliall  affix  One  fair  Copy  in  the  Court-houfe,  and 
keep  the  fame'  there  conftahtly  fet  up,  that  all  Perfons  may  have  Opportunity 
to  perufe  and  examine  the  fame  ;  under  the  Penalty  of  Five  Pounds,  Proclama- 
tion Money,  for  every  fuch  Negledl :  To  be  recovered  by  Action  of  Debt,  in 
any  Court  of  Record  in  this  Province,  by  any  Perfon  who  fliall  or  will  fue  for 
the  fame-,  wherein  no  Effoign^  Injundion,  or  Wager, of  Law,  fhall  be  allowed 
or  admitted  of :  One  Half  to  the  Ufe  of  the  Profecutor,  and  the  other  Half  to 
the  Ufe  of  the  Parifli  wherein  the  Offence  fliall  be  committed. 

VII.  AN D  he  it  further  Enacted,  That  the  Juftices  of  the  feveral  County  cierk  to hjve am 
Courts,  ar^  hereby  impowered,  to  make  the  Clerks  thereof  a  proper  Allowance  ^"°'"*""'^"*' 
out  of  the  County  Tax,  for  making  out  the  faid  feveral  Lifts. 


CHAP,     IV, 


An  Acl,  to  enable  the  fujlices  of  the  feveral  Counties  to  provide  certain 
Law  Books,  for  the  Ufe  of  their  County  Courts. 

!•  W  E,  it  Enacted,  by  his  Excellency,  Gabriel  Johhfton,  Efq;  Governor,  by  and  J,"j'"„'  '"cHrft 

J3  "with  the  Advice  and  Confent  of  his  Majefiys  Council,  and  General  Affembly  Law.Bgoki. 
ef  this  Province,  That  the  Juftices  of  each  County  Court  within  this  Province, 
iliall  and  may  have  full  Power  and  Authority,  in  fome  convenient  Time,  accord- 
?n;g  t6  their  Difcrerion,  to  purchafe  and  provide  the  Jateft  Editions  of  the  Law 

M  4  Books' 


Jf. 


322  LAWS    of    North-Carolina. 


A    D 

y — ^ 


1749-    Books  following,  to  wit -y  Nelfon^^  Juflice,  Cary'^  Abridgment  of  the  Statutes, 

'  Swhiburn  of  Wills,  or  Gcdolph.n's  Grphm^s  Legacy,  and  Jacoh\  Law  Diftionary, 

or  ^ipi^ii's  Inftitutes :  Which  Books,  when  provided,  fliall  be,  for  ever  after, 
for  the  Ufe  of  the  County  Court,  and  {hall  be  kept  in  the  Offices  of  the  feveral 
Clerks,  and  conftantly,  during  the  Stttmg  of  every  County  Court,  laid,  by  the 
Clerk  of  each  Court,  on  the  Court  Table,  iortheUfe  and  Perufal  of  the  Jufticcs 
of  fuch  Courts  and  of  all  fuch  as  may  have  any  Matters  depending  in  Court. 

Penalty  on   the       \\^  J  N  D  be  it  further  EncSfed.,  by  the  Authority  afcrefaid^  That  if  any  Coun- 

ft'^ying'fuch     ty  Court  Clerk  Ihall  abufe  or  deftroy,  or  fuffer  to  be  abufcd  or  deftroyed,  any 

SauJu.  ^f  jj^g  Books  fo  committed  to  his  Care,  he  Ihall  be  lined,  at  the  Difcretion  of 

the  Court,  for  fuch  his  Negleft :  Which  Fine  Ihall  be  applied  towards  repairing 

the  Lofs  or  Damage  of  fuch  Books,  occafioned  by  fuch  Neglcd:. 

T«tob€iaidfor       ^^'  AND  be  it  further  End^edi  by  the  Authority  aforefaid.  That  the  Jyf- 
fttrchjnngSooks.  tjces  in  the  feVcral  County  Courts,  fhall  have  full  Pov/er  to  lay  fuch  an  additi- 
onal Tax  on  their  refpeclive  Counties,  as  fhall  be  fuihcicnt  to  purchafe  and  pro- 
vide the  Books  aforefaid  •,  and  Ihall  apply  the  fame  accordingly. 


CHAP.    V. 

Aft  A5l,  to  encourage  Michael  Higgins  to  build  a  Bridge  owr  Trent 
River y  near  Wickiiff'i  terry,  in  Craven  County 

#'riv»fe.  I.  TTJ&HEREASa  Bridge  over  I'rent  River,  near  the  Place  called  Wick- 

YY     //jf's  Fen-y,  would  be  much  for  the  Convenicncy  of  all  Travellers, 

and  Michael  Higgi^is  being  deliours  of  building  one  there  at  his  own  Expence,  on 

Condition  of  having  the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years : 

IL  BE  it  Ena£fed^  by  his  Excelk'/uy  Gabriel  Johnfcon,  Efq'^  Gcvcmor,  by 
and  with  the  Advice  and  Confent  of  his  Mcjefiy's  Council,  and  the  General  Affem- 
bly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  it  ftiali  and  may  be 
lawful  for  the  faid  Michael  Higgins,  his  Heirs  or  Afiigns,  to  efeft  and  build  a 
good  fubftantial  Bridge  over  Trert  River,  as  near  as  he  conveniently  can  to  the 
Place  where  the  Main  Road  crofieth  the  faid  River,  near  the  Place  commonly 
called  JVickl-.fs  Ferry  •,  and  after  building  the  faid  Bridge  as  aforefaid,  it  fhall 
and  may  be  lawful  for  the  faid  Michael  Higgins,  his  Heirs,  Executors,  Admi- 
niftrators,  or  AlTigns,  to  keep  a  fufficient  Gate  thereon,  and  take  anc!  receive 
from  all  Perfons  that  fhall  pafs  over  the  fame,  the  following  Rates  v  that  is  to 
%,  For  every  Man  and  Horfe,  Four  Pence  -,  for  every  Carriage  drawn  by  One 
or  Two  Horfes  or  Oxen,  One  Shilling ;  and  for  ever  Horfe  or  Ox  more.  Four 
Pence  each  •,  and  for  every  Head  of  Neat  Cattle,  One  Penny  \  and  for  every 
Twenty  Hogs  or  Sheep,  One  Shilling,  and  fo  in  Proportion,  for  a  gi eater  or 
lefTcr  Number  of  Hogs  or  Sheep  i  for  and  during  the  Space  of  Twenty  Five 
Vcars,   and  no  longer. 

in.  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  after  the 
faid  Bridge  is  fo  built  and  compleated  as  aforefaid,  it  fhall  not  be  lawlul,  during 
the  Time  the  faid  Bridge  fhall  be  kept  in  Repair,  and  fit  for  Travellers  and 
Carriages  to  pafs  and  repafs  over  the  fame,  for  any  Perfon  whatfoever,  to  keep 
any  Ferry,  build  any  Bridge,  or  fct  any  Perfon  or  Perfons,  Carriage  or  Car- 
riages, Cattle,  Hogs,  or  Sheep,  over  the  faid  River,  for  Fee  or  Rev/ard,  within 
Six  Miles  of  the  fame,-  during  the  Time  aforefaid  i  under  the  Penalty  of  Twenr/ 

Shillings/ 


LAWS     o/'    North-Carolina,  323^ 


y^' 


Shillings,  Proclamation  Money,  for  each  and  every  Otfence :  To  be  recovered    ^-  ^-  ^7'i9-. 

before  any  Magiftrate  of  the  County  of  Craven  j  to  be  applied  to  the  Ufe  of  the  "^ "      ^ 

Proprietor  of  the  Bridge  built  by  the  faid  Michael  Higgins\  and,  during  the  faid 
Time,  the  Right  and  Property  of  the  faid  Bridge  is  hereby  invefted  in  the  faid 
Michael  Higgins;  his  Heirsi  Executors,  Adminiitrators,  or  Affigns. 


CHAP,    VI. 

An  AB^  for  af pointing  and  laying  out  a  Toijon  on  the  Plantation  of  Mr. 
Samuel  Jordan,  on  the  North  Side  of  Roanoake  River^  in  Northamp- 
ton County  J  and  for  EJidblifiing  Tivo  Fairs  to  be  held  Annually  therein. 

I.  "\  yl  7"  H  E  R  E  A  S  the  Inhabitants  of  'Northampton  County  have  petitioned 
VV     for  an  Act,  for  appointing  a  Town  on  the  Plantation  of  Mr,  Samuel 

Jordan^  on  the  iV^j/Vi?  Side  ot  Roanoake  River,  in  Northampton  County : 

II.  W  E  pray  that  it  may  be  Ena<5ted,  /^7td  le  it  Ena^ted^  by  his  Excellency 
Gabriel  Johnfton,  £/^-,  Governor^  by  and  with  the  Advice  and  Confent  of  his  Ma- 
■jejly  's  Council^  and  the  General  Jffembly  of  this  Province^  and  by  the  Authority 
of  the  fame:.  That  as  foon  as  the  i  roprietor  of  the  faid  Land  fhall  acknowledge 
his  Confent  and  Concurrence,  in  open  Court  of  the  faid  County,  to  have  fuch 
Part  of  the  faid  Land  laid  out  for  a  Town  as  herein  after  is  directed,  Samuel 
Jordan.)  William  Short.,  William  Kinchin^  Francis  Corbin.,  and  John  Dawfon,  are 
hereby  norninated  and  appointed  Commiflloners,  and  they,  or  the  Majority  of 
them,  are  hereby  invefted  with  full  Power  and  Authority,  to  lay  out  Thirty  Six 
Acres  of  Land,  on  the  faid  Plantation,  for  a  Town,  by  the  Kame  of  Hawns^ 
■and  to  lay  out  the  fame  Thirty  Six  Acres  into  Lots,  of  Half  an  Acre  each,  with 
convenient  Streets  and  Squai-es. 

III.  ^A  ND  be  it  further  Enacted,  That  when  the  Commiffioners,  or  the  Ma- 
|oricy  of  them,  have  laid  oiit  the  faid  Town  into  Lots  and  Streets,  as  atorefaid, 
every  Perfon  whatfoever  who  is  willing  to  be  an  Inhabitant  of  the  faid  Town, 
fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not 
taken  before ;  v/hrch  Lot  or  Lots  the  Commiffioners  before  appointed,  or  the 
Majority  of  them,  are  hereby  impowed  to  grant,  convey,  and  acknowledge,  to 
the  Perfon  or  Perfons  fo  taking  up  the  fame,  his  Heirs  and  Afiigns,  for  ever,  in 
Fee,  upon  the  Payment  of  Five  Pounds,  Proclamation  Money,  or  the  Value 
thereof,  to  the  Treafurer  herein  after  mentioned. 

IV.  AND  be  it  further  EnaEled:,  by  the  Authority  aforefaid.,.  That  William 
Short  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  or  Sums  of  Mo- 
ney, as  fhall  arife  by  the    Sale  of  fuch  Lots,  for  the  L'fe  hereafter  mentioned; 

^ti\<i  on  the  Death  or  Departure  out  of  the  Government,  of  the  laid  Treafurer, 
the  f;iid  Commiffioners,  or  the  major  Part  of  them,  fhall  appoint  fome  other 
Perfon  Treafurer,  in  the  Place  of  the  faid  Treafurer  fo  dying,  or  departing  the 
Government. 

,  y.  AND  be  it  further  Etiailedy  by  the  Authority  aforefaid.  That  the  Trea- 
furer that  ihall  or  may  be  hereafter  appointed  by  the  Commiffioners  as  aforefaid, 
fhall  give  Security  to  the  County  Court,  that  he  fhall  and  will  account  with,  and, 
pay  in  all  the  Monies  he  fhall  receive,  for  the  Sale  of  all  and  every  the  Lot  or 
Lots  that  (hall  be  fold,  Yearly,  on  the  Twenty  Fifth  Day  of  March,  to  Mr. 
Ssrauel  Jordan,  or  the  Proprietor  of  the  faid  Lands, 

YL  PRO- 


Privatt, 


L  Jl   W  S    of    North -Carolin 


w*.  D.    1749. 

^— V— -^  VI.  PROVIDED  always.  That  if  any  Lot  or  Lots  fhall  be  granted  or 
conveyed  by  the  faid  Commifiioners,  to  any  Perfon  or  Perfons  whatfoever,  who 
Jhall  not,  within  Two  Years,  build  a  good  fubftantial  habitable  framed  Houfe, 
hot  of  lefs  Dimenfions  tlian  Twenty  Feet  in  Length,  and  Sixteen  Feet  wide,  be- 
fides  Sheds  or  Lentoes,  or  make  fuch  Prbparation  foi"  fo  doing,  as  the  Commif- 
fioners,  or  the  Majority  of  them,  fhall,  on  View,  think  reafonable,  fuch  Grant 
or  Conveyance  fhall  be  void,  and  it  is  hereby  declared  void  and  of  none  Effect, 
as  if  the  fame  had  never  been  made ;  and  the  Commifiioners  may  grant  and  con- 
vey fuch  Lot  or  Lots  which  Ihall  not  be  built  on  within  the  lime,  and  in  the 
Manner  as  is  herein  before  direded,  to  any  other  Perfon  or  Perfons  applying  for 
the  fame,  and  paying  the  Money  fot  the  faid  Lot,  as  in  this  A6t  is  before  di- 
reded,  for  the  Ufe  of  the  faid  Samuel  Jordan,  or  other  Proprietor^  as  aforefaid. 

VII.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the 
Commifiioners,  or  the  Majority  of  them,  fhall  be,  and  they  are  hereby  impow- 
cred  and  authorized,  to  remove  all  Nufances  within  the  Limits  of  the  faid  Town. 

VIII.  AND  be  it  further  Enacted,  ly  the  Authority  aforefaid.  That  no  Perfon, 
Inhabitant  of  the  faid  Town,  or  holding  a  Lot  or  Lots  therein^  fhall  inclofe  the 
fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence  •,  but  every  LoC 
therein  fhall  be  paled,  or  inclofed  with  Pofls  and  Rails  fct  up. 

IX.  AND  be  it  further  Enacted,  ly  the  Authority  aforefaid.  That  all  Per- 
fons, PofTefTors  or  Owners  of  any  Lot  or  Lots  in  the  faid  Town,  fliall,'  within 
Two  Years  from  the  Date  6f  their  Grant  or  Conveyance,  clear,  and  keep  con- 
ftantly  clear,  their  Lot  or  Lots,  from  all  Manner  of  Wood,  Under-wood,  Brufh, 
and  Grubs ;  under  the  Penalty  of  One  Shilling,  Proclamation  Money,  for  every 
Month  fuch  Owner  or  Owners  of  any  Lot  or  Lots  fliall  negleft  to  clear  or  keep 
the  fame  clear ;  To  be  recovered  by  a  Warrant  from  any  Juftice  of  the  Peace^ 
and  applied,  by  the  faid  Commifiioners,  for  and  towards  clearing  the  Streets  in 
the  faid  Town. 

X.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fliall  and 
may  be  lawful  for. the  Inhabitants  of  the  faid  Town,  to  hold  Two  Fairs,  Annu- 
ally, in  the  faid  Town  of  Hawns ;  to  wit.  One  on  the  Second  ^uefday  in  the 
Month  of  October,  and  the  other  on  the  Firft  Tuefday  in  the  Month  of  January i 
during  the  Space  of  Three.  Days  at  each  Tim^  ;  under  fuch  Rules  and  Regulati- 
ons, and,  as  near  as  may  be,  agreeable  to  the  Rules  and  Regulations  that  Fairs 
are  ufually  held  and  kept  in  the  Kingdom  of  Great- Britain. 


CHAP.    VII. 

An  additional  A£t  to  an  AB,  intituled.  An  Ad,  to  fix  a  Place  for  th«  • 
.  Seat  of  Government,  and  for  keeping  Public  Offices  ;  for  appointing 
Circuit  Courts;   and  'defraying  the  Expence  thereof;  and  alfo,  for 
Eflablifhing    the  Courts    of  Juflice,    and  regulating  the  Proceed- 
ings therein, 

I.  "1 1  r  H  E  R  E  A  S  by  an  A<5¥  of  this  Provinc^^  pafled  at  Wilmington,  the 

VV     Fifth  Day  of  December,  in  the  Year  of  our  Lord  One  Thoufand  Se- 
ven Hundred  and  Forty  Six,  intituled.  An  Act,  to  fix  a  Place  for  the  Seat  of 
Government,  and  for  keeping  Public  Offices,  for  appeinting  Circuit  Courts,  and  de- 
fraying 


L    A  J'V   S      of     N  O  R  T  II  -  C  A  R  O  L  I  N  A. 


•fraying  the  Expeace  thereof ;  and  dfo  for  eflahllfolng  the  Courts  of  Jujl'.ce,  aid  -re-  ^  '■•   '^4:. 
gulating  the  Proceedings  therein ;  amongft  other  Things  it  is  Enacted,  That  the  ^ 

Chi:f  Juftica  of  the  Province  i^r  the  Time  being,  or  in  Cafe  of  his  Sicknefs  or 
DifibiUty,  kich  Perfon  or  i-'trfons  as  (Ball,  from  Time  to  Time,  be  appointed 
by  the  Governor  or  Commander  in  Chief  for  the  Time  being,  fhall,  twice  every 
Year,  hold  a  Court  of  Aflize,  Oyer  and  Terminer ,  and  General  Goal  Delivery, 
at  Edentcn,  at  IVdniinglon,  and  at  Edgccnih  Court-houfe,  on  the  Days  and  Times 
in  and  by  the  above  recited  Act  fixed  and  afcertained  t  And  whereas  the  CHief 
Juftice  and  Attorney  General  muft  necefiarily  be  at  great  Expence,  in  riding  the 
Circuits,  arid  holding  the  Courts  at  the  refpedtive  Places  aforefaid,  it  is  thereby 
Enactcdi  That  the  Chief  Juftioe,  for  his  Trouble  and  Expence,  (hall  receive  the 
Sum  of  Two  rlundred  Pounds,  Proclamation  Money,  and  the  Attorney-Gene- 
ral Sixty  Six  Pounds  Thirteen  Shillings  and  Four  Pence,  Proclamation  Money, 
Annually,  to  be  paid  out  of  the  Tax  laid  for  that  Purpoie,  by  a  Warrant  under 
the  Hand  of  ttis  Governcr  or  Commander  in  Chief  for  the  Time  being: 

II.  B  E  it  Enacted;  by  his  Excellency  Gabriel  Johnflon,  Efr;  Gcverncr,  by  and  An^vance  to  tho 
ivith  the  Advice  and  Confeni  cf  his  Majefifs  CcvnciU  ^^d  General  Affemhly  cf  this  ^^^Jf^^^:!^'' 
Province,  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratification 

of  this  Aft,  the  Chief  Juftice  Ihall  be  paid,  in  the  Manner  by  the  faid  Aft  pre- 
-fcribed.  Thirty  Three  Pounds  Thirteen  Shillings  and  Four  Pence,  Proclamation 
Money,  and  no  more,  for  everf  Court  ot  Afiize,  Oyer  and  Terminer,  and  Gene- 
ral Goal  Delivery,  which  he  flaall  hold  at  Edenton,  at  JVHmingtcn,  and  at  Edgccmb 
Court-houfe,  or  either  of  tliem  ;  and  in  Cafe  of  the  Abfence  cf  the  Chief  juftice 
aforefaid,  and  nor  otherwiie,  there  (hall  be  paid  to  the  CcmmiiTjoner  or  Commif- 
fioners  for  every  Court  of  Afuze,  Oyer  and  Terminer,  and  General  Goal  Delivery, 
which  he  or  they  lliall  hold  at  any  or  either  of  the  faid  Places,  the  lik.^  Sum  of 
Thirty  Three  Pounds  Thirteen  Shillings  and  F9ur  Pence':  Any  Thino-  in  the 
above  recited  Aft  to  the  contrary,  notwithftanding. 

III.  AN  D  be  it  furl  her  Enacted,  by  the  Authority  afcrcfaid.  That  the  Attor-  Attom-v  Cens- 
ney-General  for  the  Time  being,  fliall  be  paid,  in  the  Manner  by  the  above  re-  "i's  Aiiowancc, 
cited  Aft  prefcribed,  for  each  and  every  Court  of  Afiize,  Oyer  and  Terminer,  and 

General  Goal  Delivery,  which  he  fhail  attend  at  Eden  ton,  at  TVihningicn,  and  at 
Edgcomb  Court-houfe,  the  Sum  of  Eleven  Pounds  Two  Shillings  and  TJiree 
Pence,  Proclamation  Money,  and    no  more:   Any   thing  in  the  above  recited^ 
Aft  to  the  contrary,  notwithftanding. 

.IV.  A  N  D  whereas,'  by  ihe  above  _  recited  Aft,  it  is  Enafted,  That  an  An- 
nual Poll-Tax  of  Four  Pence,  Proclamation  Money,  per  Poll,  fhall  be  levied, 
for  the  Space  of  Two  Years,  on  all  the  Taxable  Perlbns  within  the  Province, 
and  collected  by  the  Sherirs  of  the  refpeftive  Counties,  at  the  Times  all  other 
Taxes  fliall  be  coilefted  asd  paid,  to  be  paid  and  applied  as  therein  mentioned; 
that  is  to  fay,  all  the  Monies  arifing  by  the  faid  Tax  within  the  Counties  of  Cra- 
ven, Beaufort,  Hyde,  Carteret,  and  Johnftcn,  fhall  be,  by  each  Sheriff,  at  the 
ufual  Time,  Annually;  accounted  for  and  paid  to  Mr.  John  Barrow,  Mr. 
James  McLcweart^  Mr  Thomas  Pearfon,  Col.  Thomas  Lovick,  and  Mr.  John 
Wefi,  or  the  Majority  of  them,  for  and  towards  the  Erefting  the  Offices,  and 
other  Public  Buildings,  af  Newbern  Town,  as  they,  or  the  Majority  of  them, 
fliall  think  neceflary  ami  convenient:  And  whereas  the  faid  Tax  is  found  greatly 
deficient  for  the  Purpofes  aforefaid,  and  the  faid  Commillioners  having  wholly 
neglefted  either  to  demand  or  receive  the  fame  Tax,  or  to  agree  with  any  Per- 
fon or  Perfons  to  undertake  the  faid  Public  Buildings  :  For  Remedy  whereof, 

V.  B  E  it  Enacted,  end  it  is  hereby  Enacted,  by  ihe  Authority  aforefaid.  That  Comm-r,,;p.„ 
Mr.  John  Starker,  Mr.  Edzvard  Griffith,  and  Mr.  Jeremiah  Vail,  be,  and  are  ^^f^'^^<^^>  'it 

N  4  hereby 


326  L  A  IV  S    of    North-Carolina. 

A.  D.  1749.    hereby  appdinted  Commiffioners,  and  they,  or  any  T^vo  of  therrij  are  hereby 

V NT— j~^.invefted  with  full  Power  and  Authority,  to  agree  with  any  Perfon  or  Perfons  to 

Baii^ii^ig^^  ^a'r'  ered,  carry  on,  and  perfedl  the  faid  Buildings  at  JSlewbern  Town  aforcfaid  •,  and 
Nc-wbir:,.  ^\(q^  fQ  receive  and  apply  the  faid    Monies  arifing  by  the  Tax  aforefaid,  and  the 

further  Sum  of  One  Hundred  Pounds,  Proclamation  Monty,  which  is  hereby 
diredled  to  be  paid  by  the  Commifiioners  for  Stamping  and  Emitting  the  Sum 
of  Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  Public  Bills  of 
Credit,  at  the  Rate  of  Proclamation  Money,  out  of  the  Treafury,  in  order  to 
enable  the  aforefaid  Mr.  John  Starkey.,  Mr.  Edward  Griffithy  and  Mr,  Jeremiah 
Vail,  Commiffioners,  or  any  Two  of  them,  to  carry  on  the  faid  Public  Build- 
ings :  Any  Thing  contained  in  the  before  recited  A6t  to  the  Contrary  thereof,  in 
any-  mk,  notwithftanding. 

?.-c.cf«aiB^3  en  yj,  AND  whereas  fome  Doubts  have  arifen,  concerning  the  Fra<5lice  touch- 
M.gmj  ttac  -  .^^  original  Attachments,  that  the  fam.e  is  not  rendered  certain :  //  is  hereby 
Enacted^  That  when  any  Goods,  Chattels,  or  Monies,  fliall  be  attached  in  any 
Perfons  ITands  or  Poffefiion  belonging  to  the  Defendant,  the  Sheriff  fhall  return 
the  fame  in  a  fpecial  Manner,  on  the  Back  of  fuch  Attachment  5  and  oh  Return 
thereof,  a  Scire  Facias  iTiall  iffue  againft  the  Perfon  in  whofe  Hands  or  PolTef- 
fion  the  EfFeds  or  Monies  fhall  or  may  bs  attached,  to  come  into  Court,  and 
declare,  upon  Oath,  how  much  Effefts  or  Monies  he  hath  in  his  Hands  or  Pol- 
fefTion  belonging  to  the  Defendant,  or  plead,  after  he  has  appeared  as  Garnifhee, 
to  the  Action,  upon  Condition  he  puts  in  Special  Bail;  and  if  ihe  faid  Perfon 
fail  to  appear  after  Service  of  the  faid  Scire  'Facias,  or  upon  the  Return  of  Two 
Nihils,  then  Judgment  Ihall  be  given  againft  fuch  Perfon  or  Perfons,  as  in  other 
Cafes  it  is  dircded,  in  and  by  the  afore-recited  Ad. 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor 

Nathaniel  Rice,  Prelldent. 

Samuel  Swann,  Speaker, 


"j^    iff    t-r^    '.r'    '.rff 

■gi-     %-     -sff     <-? 


Anna 


LAWS     o/'    North-Carolina. 


327 


A.  U.     1750. 


^A 


mm 


r^ 


Anno  Regni 

G  E  O  R  G  1 1   IL 

Regis,  Magn£   Britanniie,  Francice,   &C 
Hibernii^e,  Viceffimo  Quarto. 


At    a   General   A  S  S  E  xVI  B  L  Y,    held    at  NewherNy 

Fitth  Day  of  July,  in  the  Year  of  our  Lord  One  Thou-  ^^^ 
fand  Seven  Hundred   and  Fifty. 


the  ga  B « la t 

J  0  H  N  S  T  O  JT, 

^ "  i  OBv«tn9r, 


CHAP.     I. 

jin  Asf^  to  appoint  a  Public  treafurer,  in  the  Room  of  Eleazer  AUeni 

Efq-y    deceajed. 


I.  TTTHEREASby  ah  Ad,  intituled.    An  Act'^  to  appoint  Public  Trea-     prca«Ut. 

y  V  /hirers,  the  Honourable  Edward  Mofeley,  Efqj  was  conftituted  Public 
Treufurcr  for  the  Counties  of  Craven^  Carteret^  OnJloWy  New-Hanover,  Bladen, 
Johnfton,  Beaufort,  and  Hyde ;  and  the  faid  Office  having  become  vacant  by  the 
Death  of  the  Taid  Edward  Mofeley :  And  whereas  by  an  Ad,  intituled.  An  Act^ 
to  appoint  a  Public  Treasurer  in  the  Room  of  the  faid  Edward  Mofeley  Efq\  deceaf- 
edy  the  Honourable  Eleazer  Allen,  Efq-,  was  conftituted  Public  Treafurc r,  for  the 
faid  Counties  •,  and  the  faid  Office  having  become  vacant  by  the  Death  of  the  faid 
Rleaxer  Allen,  Efq  j 

II.  B  E  it  therefore  Ena5ied,  hy  his  Excellency  Gabriel  Jolmfton,  Efq-,  Cover-  Treafuw  ap^ 
nor^  by  and  with  the  Advice  and  Confent  of  his  Majeftfs  Council,  and  the  General  ''°"'"^" 
Affembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  John  Starkey, 
Efq-,  bf,  and  is  hereby  appointed  Public  Treafurer,  for  the  Counties  of  Craven, 
Carteret,  Qyiflow,  New-Hanover,  Bladen,  Johnfion,  Beaufort,  Hyde,  Anfon,  and 
Dupltn,  in  the  Room  of  the  faid  Eleazer  Allen,  Efq;  deceafed;  which  faid  Trea- 
furer Ihall,  before  he  enters  upon  his  faid  Office,  give  Bond,  with  fufficient  Sureties, 
to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  in  the  Sum  of  Two 
Thoufand  Pounds,  lawful  Money  of  Great -Britain,  for  the  faithful  Difcharge 
of  his  faid  Office;  V/hich  Bond  (hall  be  lodged  in  the  Secretary's  Office. 

Ill,  ANli 


L    ji     JV     S       of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


/?      D.        lyO 

V 


\Y[.  AN  D  be  it  further  Ena^ed^  ly  the  Authority  of  or  ef aid.  That  the  Slierifs, 

I'v'liMwx '''  Cotlnt^  Tfealurcrs;  ■  "and  a1!  other  l-'^rfohs  concerned,  or  who  have  been  concern- 

M.,nie5  in  tircir  g^j^  j_,^  ^^.  coUccting  and  receiving  any  ir^ubhc  Money,  within  tiie  refpeftive  Coun- 

TrTatrer. ''"     tics  of  CraTCHl    Ccirteret,    Onpvi:,    New-Hanover,  Bladen,    Joh-fion,   Beaufcrt, 

Hyde,  Anfor,  and  Vi'.p*i'U  who  have  hot  ah-eady  accounted  for  and  paid  the  fame 

to  the  aforefuid  Edward  Mofehy,  Efq-,  or  the  faid  Eleazer  Alle?2^  Efq-,  deceafedy 

or  to  the  Committee  of  Accounts  of  both  Houfes,  fhall,  upon  Oath^  account 

for  ar 

received,  or  wnicn  oy  i^aw  taty  ou^i^uu  to  nave  recciveo,  anci  are  accountable 

for 


""^'«S^v"cvtry  Sheriff  and  oth 


H  further  Enacted,  by  the  Authority  af ere  faid.  That  all  and 

in.-  -etrngi-u.-i  v-vuji^  ^w..>. -  Jthtr  Ferfons,  who  fliall  be  concerned  in  the  colleding  and  rt- 

i:c  Mr,,fs,"wh'n  ecivins;  the  Public  Monies  hereafter  to  be  colkfted  and  received,  within  the  fe- 

•ln3pay"itto"'the  vcral  Counties  above-mentioned,  itiall,  the,  Week  after  the  fucceeding  General 

"Treafu'ra.         Couit  foUowing  the  Time  appointed   by  Law  for  their  collefting  or  rec;  iving 

thereof^  upon  Oath,  account  ior  and  pay  the  fame  to  the  Public  Treafurer  alorc- 

faid,    at    Ncwbern;    under    the   Penalty    of  "Twenty    Pounds,    Prociamatiorx 

Money. 

^  r  ,  r,  -  -Y  A  N  D  be  it  further  Enact  ed^  by  the  Authority  ff ore  faid.  That  the  faid 
er  t(^  prr.iecute  PubUc  TrcafurLT  is  hereby  authorized,  impowered,  and  required,  to  fue  and 
shLTifs,  &c.  pi-ofecute  all  luch  Sheriff,  County  Treafurcrs,  or  other  Accountants,  their  Heirs, 
Executors,  or  Adminiftrators,  or  other  Perfons,'  who  have  heretofore  been,  or 
who  iliali  hereafter  be  concerned,  in  the  coiledting  or  receiving  the  Public  Mo- 
ney, or  who  have  or  fliall,  at  any  Time  hereaiter,  have  any  of  the  faid  Mon^y 
in  their  Hands,  within  any  of  the  faid  Counties,  and  (liall  ntgled  or  refufc  to 
account  for  and  pay  the  fame  i  and  aifo,  on  the  feveral  Bonds  already  given,  or 
hereatt  r  to  be  given,  by  each  and  every  of  the  faid  Fihcrifs  of  the  faid  Counties, 
County  Treafurcrs,  or  other  Perlons  in  ariy  of  the  faid  rcfpedive  Counties,  for 
the  due  and  faithful  Performance  of  their  fevtral  Ofhces  and  Duties-,  and  the 
Clerks  of  the  feveral  County  Courts,  and  every  other  Perforlor  Perfons,  having 
fuch  Bond  or  Bonds,  Account  or  Accounts,  or  other  Papers,  in  his  or  their 
Keeping  or  rolfcfilon,  is  and  are  hereby  diredted  find  required  to  deliver  the  fame 
to  the  Public  Treafurer  aforeiaid,  of  fuch  County  v^here  the  faid  Bond  or  Bonds' 
was  or  Were  given,  or  Accounts  or  other  Papers  lodged,  when  he  Ihall  demand 
the  fame. 

yi.  AND  be  it  further  Enacted,  by  the  Authcrity  ajorefaid.  That  the  faid 
Tunf  with"  tiVe  Futlic  Treafurer  Ml,  from  Time  to  Time,  as  often  as  required,  upon  Oath, 
605.  Aff..Tibiy.  account  for,  and  pay  to  the  General  Alfembly,  all  fuch  Sums  of  Money  which 
he  iliall  receive  by  Virtue  of  this.  Ad  •,  for  whioh Trouble,-  he  fhall  be  allowed 
Five  -per  Cent,  on  all  the  Monies  by  him  received  and  paid  into  the  Afiembly,. 
(except  the  Money  he  fnall  receive  from  the  Executors  dtlu  r  of  the  faid  Edward 
Mofeley,  Efq;  ox  Eleazer  Allen,.  Efq;  which  was  lodged  in  the  Hands  of  the  faid 
Edward  Mofeley,  Efq-,  or  Akazer  Allen, ,  Efq;  for  building  the  Forts,)  and  may 
dedud  the  Tame  accordJtigly. 

?ena)ti«howre-  ,  VII.  A  N  D  be  it  tnacted.  That  the  Penalties  in  this  Ad  before  mentioned, 
cov.r.bie.  and  ^^\i  ^g  fued  for  and  recovered  in  the  General  Court  of  this  Province,  by  A&ion 
'"^"'''  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  Effoign,  JProtedion,    Injun- 

dion,  or  Wager  of  Law,  iliall  be  allowed  or  admitted  ot ;  Two  Thirds  where- 
of to  his  Majefty,  to  be  applied  ibr  the  Ufe  of  the  Public,  and  the  other  Third 
to  the  Treafurer  aforefaid. 

Till.  AND 


L  A  IV  S    o/^  North-Carolina. 


3^9 


VIII.  AND  be  ii  further  Enamel,  hy  the  Authority  aforefaid.  That  ifthefaid 
Public  Treafurer  Ihall  negleft  or  fefufe  to  account  for  and  pay  to  the  Gericral  Af-  T^rofLr,"   fi* 
fembly,  all  fuch  Sums  of  Money  which  he  (hall  receive  in  Virtue  of  this  Ad,  he  "^s"  «*"-?  »« »c. 
Ihall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money,  for  each  AHi'lbT,"'   *''* 
Negleft  or  Refufal  •,  to  be  recovered,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Infor- 
mation, in  the  General  Court  of  thi  Province,  by  him  or  them  that  ihall  or  will 

fue  for  the  fame:  Two  Thirds  whereof  to  his  Majefty,  to  be  applied  for  the  Ufe 
of  the  Public,  and  the  other  Tliird  to  the  Profecutor. 

IX.  AND  he  it  further  Enabled,    hy  the  Authority  dforefaidf    That  this  Adi  Contirmnte    •/ 
fiiall  continue  in  Force  for  Three  Years,  next  after  the  pafTing  hereof,  and   from 

thence  to  the  End  of  the  next  Seflion  of  AfTembly,  and  no  longer. 


CHAP.     II. 

^n  A6iy  to  repeal  Part  of  a  Claiife  in  an  A£f,  hititulcd^  An  A(fl,  for 
forming  a  Rent-RoH  of  all  the  Lands  h6lden  in  this  Province,  for 
quieting  the  Inhabitants  in  their  Pofleffions,  and  for  directing  the 
Payment  of  Quit-Rents* 

L  T  T  7  HEREAS  by  a  Claufe  in  the  Aft  of  the  General  AfTembly  of  this  Pr«mi]», 

YV  Province,  pafTed  the  Fifteenth  Day  of  O^ober^  in  the  Year  of  our  i_.ord 
One  Thoufand  Seven  Hundred  and  Forty  Eight,  intituled,  An  Ati^  for  forming 
m  Rent-Roll  of  all  the  Lands  holden  in  this  Province,  for  quieting  the  Inhabitants 
in  their  Poffeffions,  and  for  directing  the  Payment  of  ^it-Rents,  it  is  Enaded, 
That  the  Quit-Rents  then  after  to  be  paid,  for  any  Lands  already  granted,  or  that 
fhould  then  after  be  granted,  within  this  Province,  or  which  had  been  actually 
pofTefTed  by  any  Pgrfon  for  the  Space  of  T  enty  Years  then  laft  pall,  fhould  be 
paid  in  Proclamation  Moneys  at  the  Court-houfe  in  the  County  where  fuch  Land 
lieth,  or  in  Infpedors  Notes  for  Tobacco,  at  One  Penny,  Proclamation  Money, 
/>^r  Pound,  or  Indigo,  at  Four  Shilhngs,  Proclamation"  Money,  per  Pound:  And 
whereas  it  is  apprehended,  that  many  Inconveniences  will  happen  from  the  Pay-- 
ment  of  the  faid  Quit-Rents  in  Indigo,  as  aforcfaid  ; 

II.  B  E  it  therefore  Enafled,  by  his  Excellency  Gabriel  Johnrfton,  Efq^^  Gover-  c\mk  rdating 
nor,  hy  and  with  the  Advice  and  Confent  of  his  Majefty' s  Council,  and  the  General  ^'^2^^'^°'  "* 
Affembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  all  and  fo  much 
of  the  faid  recited  Claufe,  as  relates  to  the  Payment  of  Quit-Rents  in  Indigo, 
fhall  be  repealedj  and  it  is  hereby  repealed  accordingly  ;  any  Thing  in  the  laid 
Claufe,  or  any  fubfequent  Adt,  or  Claufe  of  an  Ad,  to  the  contrary  thereof,  in 
any-wifej  notwithftanding. 


CHAF« 


33'- 


'  L    A    ^^  S      o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A.      ' 


">r- 


C  H  A  P.     III. 


jidfi  Aft,  for  incrcafing  the  Annual  Allowauce  given  to  the  Attorney-Gene^ 
raly  for  his  Trouble  and  Expences  in  riding  the  Circuits. 

Preamble.  1.  ^  X  T  H  E  R  E  A  S  by  an  Ad  of  Aflembly,  pafiTed  at  Newhern^  x}.\t  Twenty 

Yy  Seventh  Day  of  March,  in  the  Year  of  our  Lord  One  Ihoufand  Seven 
Hunoicd  and  fifty,  intituled,  Jn  additional  AR  to  an  A£f,  for  fixing  a  Place  for 
'  the  Scat  of  Governmenty  and  for  keeping  Public  Offices.,  for  appointing  Circuit 
Ccur^'s,  and  defraying  the  Expence  thereof',  it  is,  among  other  Things  EnadVed, 
Th't  the  Attorney-General  for  the  Time  being,  fhall  be  paid,  for  each  and  cvtry 
Court  of  Afllze,  Oyer  and  Terminer,  and  General  Goal  Delivery,  which  he  fhall 
attend  at  Eaentdn,  at  Wilmington,  and  at  Edgccmb  Court-houfes,  the  Sum  of 
Eleven  Pounds  Two  Shillings  and  Three  Pence^  Proclamation  Money,  and  no 
more  :  And  whereas  it  is  found,  that  the  faid  Allowance  to  the  Atttorney-Gene- 
ral,  is  infufficient  to  anfwer  the  faid  Purpofcs  for  which  it  was  granted  him  j 

II.  B  E  it  therefore  EnaSled^  by  bis  Excellency  Gabriel  Johnflon,  Efq;  Govern 
nor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy's  Council,  and  the  General 
Ajfembly  of  this  Province,  Tliat  the  Attorm  y-Get\tral,  for  his  Trouble  and  Ex- 
pences in  riding  the  Circuits,  fhall  have  and  receive  the  Sum  of  Twenty  Pounds, 
Proclamation  Money,  for  each  and  every  tuch  Court  he  fhall  attend  j  any  Ihing 
in  the  abgve-rccited  Ad  to  the  contrary,  notwithftanding. 

III.  AND  be  it  further  Ena£led,  That  this  Ad  (hall  continue  and  be  in  Force 
for  Four  Years,  next  after  the  paifing  hereof,  and  from  thence  to  the  End  of  the, 
next  Scfiion  ot  Aflembly,  and  no  longer. 


Att«rBey-Genea 
fal's  Allowonce 
for    riding   th» 
Circuit. 


Contmaane* 


of 


SIGNED  by 

Gabriel  Johnston,  Efqj  Governor.' 

Nathaniel  Rice,  Frefident. 

SAMuei.  SwANN,  Speaker. 


Lcfea^ti       ^^^i 


L    A    W    S     of     North-Carolina. 


331 


yl.  D.    1751. 


Arjno  Regni 


G  E  O  R  G  I  I  II, 

Regis,    Magn^  Britanniie,  Franci<^,    &: 
Hiberni^,   ViGeffimo  Quinto. 


I  E   L 
S  T  O   tf. 


At  a  General  AlTembly  begun  and  held  it  Nefwhern^  t\iQ^^W\^,, 
Twelfth  Day  of  Ji^?/e,  in  the  Nineteenth  Year  of  his  ^'^'  °°''""°' 
Majefty's  Reign,  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Twenty  Seventh  Day  of  September, 
in  the  Tear  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Fifty  One. 


CHAP.    I. 

An  ASi^  to  appoint  Tnfpediors  in  ^QVJ-H2.v\ovQt  County,  and  for  regular 
ing  the  Exports  at  Cape-Fear. 

I.  17^  O  R  preventing  of  Fraud,  and  improving  the  Trade  and  Commerce  of 
X/    Cape-Fear,  in  New-Hanover  County  -, 

T  i^V^  ^m  ic  may  be  Enafted,  And  be  it  EnaSled,  by  his  Excellency  Gabriel  Two  infpe«o., 
Johnlton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs  w  ^s  pointed , 
CounciU  and  the  General  Jffembly  of  the  faid  Province,  and  by  the  Authority  of 
the  fame.  That  two  Infpedtors  be  appointed,  one  to  refide  at  Wilmington,  and 
one  to  refide  in  Brunfwick,  in  the  County  of  New-Hanover,   to  perform  the 
Duties  enjoined  them  and  each  of  them,  by  Virtue  of  this  Aft,  Jn  infpefting  the 
Commodities  herein  after  mentioned,  at  the  Time  of  fhipping  them  out  of  Cape- 
Fear  River :  And  every  Infpeftor,  before  he  enters  on  his  Office,    fhall  give  who  a„  to  ^uc 
Bond,  with  Two  fufficicnt  Sureties,  to  the  Governor  or  Commander  in  Chief  for  ^""^'  ^"^   ^^'^ 
the  Time  being,  to  be  afilgnable  and  fhall  be  alTigned  by  the  laid  Governor  or  Ifthdloffi/.?' 
Commander  in  Chief  for   the  Time  being,  from  Time  to  Time,  to  the  Party 
injured,  who  may  maintain  an  Aftion  tbereon ;  which  Bond  Ihall  be  taken  by 
the  County  Court  oi  New-Hanover  aforefiid,  in  the  Sum  Five  Hundred  Pounds,- 
Proclamation  Money,  for  the  faithful  Difcharge  of  his  Office  j  and  Ihall  take  the 
following  Oath,  viz. 


332  L    A    W    S      of     North-Carolina. 

X  D.    1751. 

*^ V ^  T  -^-  ^-  '^'^  Solemnly  fvjear,  'That  t  mil  faih fully,  impartially,  and  diligently  exe- 

Thcr  Oath.      J^  ^^^^  ^^^^  q^^,^  ^jr  jj^jpg^Q^_^  withoiit  FdvoiiT  or  Prejudice  to  any  Perfon  what- 
ever,  according  to  Law,  and  to  the  Left  of  my  Skill  and  Judgment. 

So  help  me  God. 

Tar,  !';tcb,  S.-C.  HI.  A  N  B  be  it  further  Enabled-,  lliat  every  Cafk  or  Barrel,  containing  Pitchy 
ro  I'e  infpc'aed,  j^^^^  Turpentinc,  Ricey  Beef,  or  Pork,  deligncd  for  Exportation  from  the  River 
and  branded.  ^^  Cape-fcar,  after  the  firil  Day  of  January  next,  after  the  paffing  of  this  Adt,- 
bcincT  in  the  merchantable  Order  and  Condition  herein  after  mentionisd  and  di- 
reded,  fhall,  at  the  Time  of  Ihipping,  be  viewed,  examined,  and  approved  by 
the  Infpeftor,  and  marked,  in  his  Prefence,  with  a  hot  Iron  Brand,  bearing  the 
Name  of  his  Place  of  Refidcnce. 

.^(  IV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Mailer 
r.'T  W.'iilh  of  any  Veffel,  fhall  take  on  Board  any  Cafks  or  Barrels  aforefad,  without  being 
taking  on  board  •  r^^^^^  by  ^\^q  Infocftor,  aod  branded  with  his  Brand,  as  aforefaid,  under  the 
ties  without  la-  Penalty  of  Ten  Pounds,  Proclamation  jMoney,  Jor  every  Offence :  One  halt  to 
fpeaion.  ^^^  Informer,  the  other  half  to  the  life  of  the  Parifh  where  the  Offence  fliall  be 

committed. 

V.  AND  he  it  further  Enabled,-  by  the  Authority  aforefaid,  Tluit  the  CoUeftor 
of  Port  Brunfwick  Ihull  not  clear  out  of  his  Office,  any  Ship  or  Veffel,  before 
the  Mafter  or  Commander  of  fuch  Ship  or  Veffel  takes  the  following  Oath  ;  viz. 

©3th  to  be  taken  T  A.  B.  Majler  or  Commander  of  the  Ship  or  Veffel  called 

by  Maftevs  of      I    ^^  fwear,  That  I  have  not  received^  or  permitted  to  be  received,  on  Board  my 

faid  Ship  or  Veffel,  fince  my  Arrival  in  this  Poit,  any  Cajks  or  Ban-els  of  Pith,  Tary 

•  Turpentine,;  Beef,  Pork,    or  Rice,  but  what  hath  the  Infpe£lors  Brand  thereon,. 

So  help  mc  God. 

CoUcftor  im-  Which  Oath  the  Colleftof  of  the  Port  aforefaid,.  or  his  Deputy,  is  hereby  re- 
powered  to  ad-  quired  and  impowered  to  adm.inifter:  And  it  fliall  be  lawtul  for  the  faid  Collec- 
ainiftcrthsoath  ^^^  ^^  ^^.^  Dcputy,  to  takc  and  receive,  as  a  Fee  for  adminiflring  the  faid  Oath, 
the  Sum  of  One  Shilling,  Proclamation  Money  :  And  the  Colleftor  or  his  De- 
™"  flrun^m-  puty  for  the  Port  aforefaid,  being  informed,  on  Oath,  by  an  Infpector  or  any 
i^efted  commo-  Q^^^er  Perfon,  that  any  Ship  or  Veffel  hath  on  board  any  Goods  not  infpetled,  he 
'''""■  fliall  caufe  Search  to  be  made  on  board  fuch  Ship  or  Veffel,  and,  on  finding  any 

Commodities  not^  infpefted,  according  to  the  true  Intent  and  Meaning  of  this 
Aft,  he  fliall  not  clear  out  fuch  Ship  or  Veffel,  or  give  up  the  Regifter,  until 
fuch  Time  as  the  Mafter  hath  paid  the  Forfeiture  for  every  Offence,  as  before 
Pen  forNcsieft.  mentioned,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money,  for 
every  Negleft  or  Default  fuch  Collector  fliall  make  herein  •,  to  be  applied  to  the 
Ufe  of  the  Parifli  where  the  Offence  fliall  or  may  be  committed. 

Merchantable  VI.  A  IS  B   be  it  further  Enacted,    by  the  Authority  aforefaid.  That  for  the 

«r™Si''"  '^'  better  afcertaining  and  determining  what  fhall  be  deemed  merchantable  Goods  by 
this  Act  to  be  inspected,  the  following  Rules  fliall  be  obferved  •,  that  is  to  fay. 
Every  Barrel  of  Beef  or  Pork  fliall  contain  Two  Hundred  and  Tv/enty  Pounds 
of  wholfome  well-cured  Meat,  the  Caflc  to  be  made  of  white  or  water  Oak, 
found,  dry,  well  fealbned,  and  without  Sap,  and  be  tight ;  and  there  fliall  not 
be  any  Bulls  Flefli  in  a  Barrel  of  Beef  •,  nor  in  a  Barrel  of  Pork,  above  Two 
Heads,  or  any  Boars  Flefli :  And  every  Barrel  of  Beef  or  Pork  fliall,  on  Infpec- 
tion,  be  unpacked,  and  the  Meat  weighed,  in  the  Infpector's  Prefcnce,  and  be 
re~packed  with  Salt  and  Pickle,  and  tightly  headed  again,  at  the  Expence  of  the 
Party  tendering  the  fam.e  to  be  infpecced  •,  before  the  Infpector  fliall  brand  the 

^'""=-  ■  THAT 


L    A    W    S      of     North-Carolina.  333 

A.  D.    1751. 

THAT  each  Barrel  of  Pitch  or  Turpentine^   (hall  be  of  the  Weight  of  '^^^^^-l'^, 
Three  Hundred  and  Twenty  Two  Founds,  with  the  Cafk  •,  and  every  Barrel  of  rei  tf  Turpsn. 
Pitch  or  Turpentine  weighing  lefs,  fhull  not  be  deemed  merchantable,  but  fhall  ''"^ '"  ''"*'''• 
be  made  fo  at  the  Expence  ot  the  Shipper. 

THAT  every  Barrel  of  Tar  fliall  be  of  the  Gauge  of  Thirty  One  and  a  ^^^i^  °f  '^'■ 
Half  Gallons,  Wine  Mrafure,  each  ;    and  every  Barrel  of  Tar  of  a  Icfs  Size 
fliall  be  put  in  merchantable  Cafks,  at  the  Expence  of  the  Shipper  or  Owner. 

T  H  i\  T  every  Cafk  or  Barrel  of  Pitchy  Tar,  Turpentine,  or  Rice,  fhall  be  pitch.  Tar,  &«. 
free  from  every  unfair  or  fraudulent  Mixture  whatever ;  under  the  Penalty  of  ^°^2ir  m"  ^'""^ 
forfeiting  tlie  fame ;  for  the  Ufe  of  the  Parilh  where  detected. 

VII.  AND  forafmuch  as  it  is  difficulty  in  warm  and  rainy  Seafons,  to  fcpa-  Water  excepted. 
rate  Water  from  Tar ;  //  ,'s  provided.  That  Water  fliall  not  be  accounted  a  frau- 
dulent Mixture  ill  any  Tir ;  out  that  in  fuchCafe,  the  Barrels  fliall  not  be  brand- 
ed by  the  Infpcctor,  until  th-y  are  as  free  from  Water  as  they  can  be  made:  Any 

Thing  in  this  Act  to  the  contrary,  notwithftanding. 

VIII.  THAT  all  Lumber,    that  is  to  fay.  All  Staves,  Heading,  Boards,  D.mcnfi.m.  of 
Plank,  Joifts,  or  fquare  Timber,    wnich  fliall,    after  the  firft  Day  of  January  \^;^^l'  '^''■^'• 
next,  be  fhipped  on  board  any  Ship  or  VeflTel,    fliall   be  of  the  following  Di- 
menfions  -,  otherwife    fliall  not  be  deemed  merchantable,  and  fliall  be  forfeited 

for  the  Ufcs  herein  afttr  mentioned. 

PIPE  Staves  fliall  be  at  leafl:  Five  Feet  long,  arid  Three  Inches  and  a  Half 
broad,  and  Three  Quarters  of  an  inch  thick  at  the  Heart  or  thincfl:  Edge,  and 
clear  of  Sap. 

HOGSHEAD  Staves  fliall  be  at  leafl:  Three  Feet  Six  Inches  longj  Three 
Inches  and  a  Half  broad,  and  Three  Quarters  of  an  Inch  thick  at  the  Heart  or 
thineft:  Edge,  and  clear  of  Sap. 

BARREL  Staves  fliall  be  at  leafl:  Two  Feet  Six  Inches  longj  Four  Inches 
broad,  and  Three  Quarters  of  an  Inch  thick  at  the  Heart  or  thineft  Edge,  and 
clear  of  Sap. 

WHITE  Oak  Hogfliead  Heading  fliall  be  at  Icaft  Thirty  Inches  long, 
Six  Inches  broad,  and  one  Inch  thick,  clear  of  Sap. 

THAT  every  Board,  Plank,  or  Scantling,  being  marked  with  the  Number 
of  more  Feet  than  they,  or  either  of  them  contain,  fliall  be  deemed  fraudulent^ 
and  forfeited,  for  the  Ufe  of  the  Parifli  where  detefted.  And  every  Board  or 
Plank  fliall  be  free  from  any  Splits  exceeding  Twelve  Inches  in  Length  j  and  no 
Board  fliall  be  deemed  merchantable,  which  has  an  Edge  lefs  than  half  an  Inch 
fquare,  and  is  not  free  of  Holes. 

THAT  every  Piece  of  Scantling,  or  any  other  fquare  Timber,  marked 
with  the  Number  of  more  Feet  than  it  contains,  fliall  be  forfeited  for  the  Ufe  of 
the  Parifli. 

IX.  PROVIDED  neverthelefs.  That  no  Board,  Plank,  or  fquare  Tim-  ^^^„^  rimbei, 
ber,  fliall  be  infpe6ted,  unlefs  required.  *'^-  "°'  '"  ''* 

*  *  inlpccted, 

X.  AND  be  it  further  Ena£fed^  by  the  Authority  aforefaid^  That  in  all  Dif-  D'fputei b=twees> 
putes  between  any  Infpedtor  and  Shipper  of  Commodities,  it  fhail  and  may   be  infpea.,r  »n« 

lawful 


rSk 


;34 


L    A    W    S     of     Nortk-Carolina. 


A.  D.  1751.    Javvfu)  ^jr  the  Shipper  to  make  Application  to  a  Magillrate,  who  fhall  iliue  ouc 

^-"i — V '  his  'vVarrnt  to  the  Conftablr,-  for  ilimmoning  Two  indifferent  FreehxolderSy  whom 

foikT'  *'""'  ne  fliall  mention  by  Name  in  the  Vv'arrant ;  and  what  thofe  Two,  being  firfl 
fworn  before  any  Magillratc,  fhall  determine,  Ihall  be  binding-,  or  in  Caie  they 
do  not  agree,  the  faid  Frefholdcrs  fo  fummoned  and  fv/orn  may  chooie  a  third 
Freeholder,  alfo  to  be  fworn,  to  alTrll  them  :  and  what  Two  of  thofc  three  agree 
to,  fhall  be  binding  on  both  Inlpedtor  and  Shipper. 

Pdrty   sgainft         XL  A  N  D  be  it  further  EnuBedy  by  the  Jtithority  aforefardj:  That  \whtve  any 

whom  j*d^ment  jLnjcrtTicnt  fliall  be  given  againft  any  Shipper,  Owner,  or  Infpeftor,  by  the  Two 

s  ",  opay      .  pj.ggj^^ygj.5^.  j.j^,jj  then,  and  in  fuch  Cafe,'  the  faid  Shipper,  Owner,  or  Infpcftor^ 

a";ainft  whom  the  Judgment  fliall  pafs,  Ihall  pay  unto  the  Party  in  whole  Favour 

the  Judgment  fhall  be  given,  the  Sum  of  Thirty  Shillings,  Proclamation  Money, 

for  his  Coft  and  Damages  iliftained. 

rnfpeaors  Few.  XII.  J  N  D  be  it  further  Em^ecl,  by  the  Authority  aforefaidy  That  ever  In - 
fpedtor  fhall  be  mtituled  to  the  following  ,  Fees,  to  be  paid  him  in  Proclamation 
Money,  or  in  the  Commodities 'he  fhall  or  may  infpedl,  at  the  then  current  Mar- 
ket Price  •,  That  is  to  fay, 

FOR  every  Barrel  of  Rice,  Beef,  or  Pork,  Four  Pence. 
FOR  every  Barrel  of  Tar,  Pitch,  or  Turpentine,  One  Penny  Half  Penny. 
FOR  every  Thoufand  of  Staves  or  Heading,  One  Shilling  and  Four  Pence. 
FOR  every  Thoufand  Feet,  fuperficial  Meafurc,  of  Board,  Plank,  or  Scantling, 
One  Shilling  and  Four  Pence. 

FOR  every  Ton  of  Timber,  One  Shilling. 

Court  to  remote       XIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefnid.  That  the  Juflices 

ajj«i,u""',her"'|  of  NeW'Hano'uer  County  fliall  Idc,  and  they  are  hereby  impowered,  at  their  Court 

in  the  Vacation  of  Quarter  SelTions,  to  turn  out  any  Infpeftor  mifbchaving,  or  at  the  Death  or 

doTt.'^"'^'"'  '"  Difabiility  of  any  of  them,  to  appoint  another  for  the  f^ime  Place ;  and  in  Cafe 

any  Infpeftqr  fhould  die,  or  remove  out  of  the  County,  or  be  other »vife  difaWed 

during  the  Vacancies  of  the  County  Court  aforefaid,  it  fhall  and  may  be  lawful 

for  three  or  more  Juftices  of  the  Place,  neareft  to  the  Place  where  fuch  Infpeftor 

did  refide,  to  meet,  and  appoint  a  Perlbn  to  execute  that  OfBce  until  the  meeting 

of  the  next  County  Court  •,  and  fuch  Perfon  fo  appointed  fliall  have  the  fame' 

P6wers  and  Authorities,  and  be  under  the  fame  Reftridions,  as  any  Infpector 

appointed  by  Virtue  of  this  Ai5t. 

i-nfpea»r,  with      XIV.  A  N  B  be  it  fuTther  F^mcted,-  by  the  Authority  aforefaid.  That  where  it 

^''"'r  °ll^^n    fhall  be  neceflary  to  appoint  a  Perfon  or  Perfons,  to  afTiit  either  of  the  faid  In- 

point  an  Aflitt-  fpedors  in  the  Execution  ot  his  Oftice,  it  fhall  anci  may   be  lawiul  for  fuch  in- 

""'■  fpedor,  v/ith  the  Approbation  of  the  County  Court,  to  appoint  one  or  more 

Perfons  to  aflifl  him  therein  ■,  which  Perfon  or  Perfons  fo  appointed  before  he 

enters  upon  the  Execution  of  his  OjBce,  fhall  take  the  Oath  in  this  Ad:  before 

mentioned. 

jnfpefVors  ap-         XV.  A  N  D  be  it  fuvthcr  Enacted,  by  the  Authority  aforefaid.  That  Mr.  John 

pomted.  Sampfon,  is  hereby  appointed  Inlpe6toP,  to  refide  at  PFikwigtoMyznd  Mr.  TFilliam 

Rcfs,  Infpetftor,  to  refide  at  Brunfwick  •,  who  fhall  qualify  as  fuch  at  the  next 

County  Court  to  be  held  for  the  County  of  New-Hanover,  though  they  are  not- 

to  enter  upon  their  OfRcc  until  the  firft  Day  of  January  next. 

Fines  how  r«o.       XVI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and 

r7irakie.  evcry  the  Fines  and  Forfeitures  arifing  or  accruing  by  Virtue  of  this  Atl,  may  be 

fued  for  and  recovered  in  any  Court  of  Record  in  this  Province,  by  the  Infpeftors, 

or  either  of  tliem,  or  by  the  Churchwardens  of  the  Parifh,  by  Adtion  of  Debt, 

Bill, 


:k^A. 


L     A     IV     S       of      N  O  R  T*  H  -  C  A  R  O  L  I  N  A.  ^  335 

iiili,  i'l'iinL,  or  Infurmation  •,  wherein  no  EiToign,  Injun6Hon,  Frotedion,  Pri-  /*■  ^    '^^_|_^ 
vikgc,.or  VVi)ger  of  Law,  fha'.I  be  allowed  or  admitted  of;  or  before  any  Juftice  "^ 

^)r  Juftices  of  tlie  i^eace   ot  the  faid  County,  Regard  being  had  to  his  or  tiicir 
-Jurifdidion. 

.  XVII.  AND  he  it  further  Enacied,  hy  the  Authority  afcrefaid^  That  if  any  Perfon,  fufd  for 
Ferfon  or  Perfuiis  fhall  be  fucd  or  profccuted  for  any  Matter  or  Thing  done  in  ^"v^rc/t!"' 
Execution  of  this  Aft,  fuch  Perfon  or  Peribns  may  plead  the  General  iffue,  and  Aft,  may  plead 
trive  this  Act,  and  the  fpecial  iVIatter,  in  Evidence.  ihe  g...«.i  iffue. 

XVIII.  AND  he  it  further  ^nacted^  hy  the  Authority  aforefdidy  That  this  Act    cominuanre  of 
fhall  remain  in  full  Force  and  Virtue,  tor  and  during  the  Space  and  Term  of  «he  a«. 
Three  Years,  from   the  Ratification  hereof  j  and  from  thence  to  the  End  of  the 
next  Seflion  of  Affenibly,  and  no  longer. 


CHAP.     II. 

An  Acl^  for  Regulating  the  Pilotage  at  Cape-Fear  River^  and  to  im- 
po-v:^er  the'Captain  of  Fort  ]o\\\\^o\\  at  the  Mouth  of  the  faid  Ri-ver^ 
to  examine  all  Vcjjch  entering  the  faid  River y  concerning  the  Health  of 

their  Crcivs  en  hoard  the  J  aid  Veffels. 

I.  TT  7  HER  E  AS  the  Pilotage  of  Gz/f-i^i'rtr  River  is  at  prefcnt  under  no  ^eirrAii. 
)     YY     Regulation  by  Law,'  and  many,,  Abufcs  may  be  committed,  and  the 
?<imc  much  ntgleded: 

II.  WE  pray  that  it  may  be  Fnacled,  And  he  it  Fvacted,  hy  his  Excellency  Gz-    Comro;ir.^nc«. 
briel  Johnfton,  £/'^-,  Governor,  by  end  with   the  Advice  and  Confent  of  his  Ma-  'PP^'^-fp^.  «<>«' 
jejiy'^  Council^  and  the  General  Affcmbly  of  this  Pravinee,  and  hy  the  Authority  of 
the  fcime^  That  the  Honourable  John  Rather f or d,    Efq-,   William  Dry ,  .Richard 
^incey  John  Lyon,  and  Leivis  DAicjfet^  Efqrs.  be,  and  they  are  hereby  appointed  ' 
Commiiiioners,  and  they,  or  the  Maiority  of  them,  arc    hereby  authorized  and 
impowcred,  from  Time  to  Time,  to  examine  fuch  and  fo  many  Perfons,  who 
Ihall,  from  Time  to  Time,  olfci  themfelves  to  be  Pilots  for  Cape-Fear  aforefaid, 
iiot  exceeding  fcven  in  Number. 

,  ni.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  afore-  Aodtogive, 
faid  CornmifTioners,  or  the  Majority  of  them,  upon  their  Examination  and  Ap.-  t:'"'*'"tt  t* 
probation  of  any  Pcrfon,  that  he  is  properly  qualified  to  act  as  a  Pilot,  ihall  giye  [rfiX*tV*Lc4l 
tb'fuch  Perfon  a  Certificate,  under  their  Hands,  to  the  Governor  or  Commander  in  '^^'^'• 
Chief  for  the  Time  being,  in  order  for  his  Approbation,  and  to  obtain  a  Branch 
to  act  as  Pilot  for  the  fuid  River. 


IV.  AND  be  it  further  Enacted,  b'v  the  Authority  aforefaid.  That  every  fuch  ''^'"^  '•  e'^« 
Perfon  fa  obtaining  a  Branch  to  be  Pilot,  (hall,  before  he  enter  upon  his  Calling  fo''p.'rro*ijt'! 
or  Bufinefrry  give  Bond,  wjth  Tv/o  fufikient  Sureties,  to  the  Governor  or  Com-  '^' 
mander  in  Chief  for  the  Time  being,  his  Succefibrs  or  Affigns,  in  the  Sum  of 

O-ik  Hundred  Pounds,  v/ich  Condition  for  the  due  and'  faithful  Performance  of 
his  Office :  Which  Bond  fnal)  be  in  Truft  for  fuch  Perfon  or  Perfons  as. fhall  ap- 
pear to  be  injured  by  fuch  Pilot's  Negligence,  or  Non- Performance  of  the  Con- 
tlition  of  the  faid  Bond  $  and  fhall  be  affigned  to  any  Perfon  or  Perfons  fo  in- 
Jufed  petitioning  for  the  fame,  who  fhall  and  may  maintain  an  Action  thereon. 

V.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  upon  the  ''!'««•  m^siuT. 
Milbchaviour  of  any  Pilot  in  his  Office,  the  Commiflioncrs  aforefaid,  or  the  Ma-  ^tt  ^•**'**"' 

Q  4'  jorJty 


336  ^  J^    ^    ^  l^f .    North-Carolina. 

A.  D.  175^  jority  of  them,  fhall,  and  they  are  hereby  authorifed  and  impowered,  to  remove 
^  "y,^      ^"^^  Pi^o"^  from  his  Office,  and  to  appoint  another  in  his  Stead,  until  the  Plea- 

to  reaiOve  them      -  c     \       r^  r->  /^i       r    /i  '-"■"j 

lure  Or  the  Governor  or  Commander  in  Chief  ftiall  be  known. 

VI.  A  N  D  be  it  further  Enacted^  That  the  fcvcra]  Pilots  for  the  River  afore-J^ 
,   faid,  fhall  and  may  take  and  receive,  for  piloting  every  VefTel  over   the  Bar  up 
to  Brunfwicky  the  Rates,'  in  •Proclamation  Money,  according  to  the  following 
Table ;  to  wity 

ftiotsFees.  FOR  each  Vcflel,  drawing  Six  Feet  Water,  or  lefs.  Ten  Shillings. 

FOR  each  Veflel,  drawing  from  Six  to  Ten  Feet,  dt  the  Rate  of  Two  Shil- 
libgs  per  Foot. 

F  ROM  Ten  to  Twelve  Feet,  Two  Shillings  and  Four  Pence  per  Foot. 

FOR  Twelve  Feet^:  Three  Shillings  per  Foot. 

p'OR  Thirteen  Feet,  Three  Shillings  and  Four  Pence  per  Foot. 

FOR  Fourteen  Feet^  Four  Shillings  per  Foot. 

FOR  Fifteen  Feet,  Four  Shillings  and  Six  Pence  per  Foot. 

FOR  Sixteen  Feet,  Five  Shillings  and  Four-Pence  per  Foot. 

FOR  Seventeen  Feet^-  Six  Shillings  and  Eight  Pente  per  Foot, 

AND  for  piloting  a  Veflel  from  Brunfwick  up  to  the  Greit  Ifland,  one 
Third  Part  of  the  above  Rates,  according  to  the  Draught  of  Water  of  fuch  Vcf- 
fcl  fefpectively  :  And  from  the  faid  Great  Ifland  over  the  Flats  up  to  tViltning- 
ton,  one  other  Third  Part  of  the  faid  Rates  as  aforefaid. 

AND  far  piloting  each  VeflTel  outward  bound,  the  like  Rates  fliall  and  may 
be  taken,  for  the  like  Difl:ances  and  Draughts  of  Water  refpectively,  as  arc 
herein- before  afceftained  for  Vcflels  inward  bound. 

pVndty  OS  Pilots      Vil.  AN  B  be  it  further  Enacted^  That  no  Pilot  (hall  prefume  to  take  other 
re«"^  ^'"'''     or  greater  Fees  than  aforefaid,  under  the  Penalty  of  Forty  Shillings  •,  to  be  re- 
covered, by  any  Perfoh  fuing  for  the  fame,  before  any  Two  Juftices,  by  War- 
rant. 

Teffeis  that  gel  Vllt.  AND  bc  it  furthcf  Enactcd^  That'  if  any  Veflel  fliall  come  over  the 
fo7e?P:Wgm  ^^'^  before  a  Pilot  gets  on  board  the  fame,  fuih  Velfcl  fliall  not  be  liable  to  piy 
on  Board,  fuhjcft  abovc  one  half  of  the  Pilotage  allowed  by  this  Act:  Any  Thing  herein  bclbrc 
but  to  half  Fees.  j-Qntained  to  the  contrary,  notwithflanding. 

re« to feS  i^'  AND  be  it  further  Enacted,  That  the  Commiflloncrs  aforefaid  fliall  af- 
«p  in  the  cuf.  fix  a  true  Copy  or  Table  of  the  f^veral  Rates  of  Fees  aforelaid,  to  be  taken  by 
«oin.ho«ft.         jf^g  piiQ„  f-Q^   ^j^g  Ri^g^.  aforefaid,  in  the  Office  of,  the  Cufl:om^houfe  for  the 

Port  of  5r«?(/«;/c>  i  that  the  MaflerS  of  Veflcls,  and  others  concerned,  may  have 

Recourfe  to  the  fame. 

X.  A  N  D  whereas- it  may  tend  to  the  great  Difadvantage  of  his  Majefty's 
Subjects  in  this  Province,:  if  any  contagious,  peftilcntial,  or  malignant  Diftcmper 
fliould  be  brought  into  the  Place  or  River  aforefaid:  For  Remedy  whereof, 

.  l  'ifi  J  i.;    •.'.,..  ■..:.■ 

Y^'^j^hrfto'!!         XL  B  E  it  Enacted,  by  the  Authority  aforefaid.  That  the  Commander  of  Fort 

to  fvvea.  Maftcri  Johtifloriy   for  thc  Tittle  being,    fhall  be,  and  he  is  hereby  authorifed  and  im- 

of  vetTcis,  cm.  pQwercd,  to  adminifter  an  Oath  to  each  and  every  Commander  of  a  VeflTel  com- 

««t-Ditiea)pei8.    ing  into  the  Port  aforefaid,  whether  he  hath  any  contagious  Diitcmper  on  board 

fuch  his  VeflTel ;  and  the  faid  Pilots  are  hereby  .commanded  and  required  not  to 

proceed  with  fuch  Veffel  higher  up  the  River  than    the  faid    Fort,  before  fuch 

Mailer  of  Velfei  fliall  go  on  Shore  afid  declare,  upon  Oath, ,  to_  fhe  Commander 

of  the  Fort  aforefaid  for  the  Time  being,  whether  there  be  any  contagious  Di> 

temper 


Laws      of     North-Carolina.  337 

f—  [  ; ' ' ■ : 

temper  or  not  on  board    his  faid  Vefiel,  and  until  a  Permiffion  be  given  by  the    ^-  ^-  ^^■'^ 
Commander  of  the  iaid  Fort  for  that  Purpofe  -,  under  the  Penalty  of  Fifty  Pounds  ^ 

Proclamation  Money:  For  which  Oath  and  Perm iflion>  the  Commaiidcr  of  the 
faid  Fort  for  the  Time  beings  fhaJl  and  may  have  and  receive,  from  the  Com- 
mander ot  fuch  VcfTel,  the  Sum  of  Five  Shillings,  Proclamation  Money. 

XII.  yi  N  D  he  it  further  Enacted^  That  if  it  (bould  happen  that  any  fuch  Procefdmgs  to  be 
VefTel  (hail  have  any  contagious  Diftemper  on  board,  the  Commander  of  the  faid  )a\  h'l\n%  In' 
Fort  fhajl  order  the  faid  Vellel  to  lie  oppofite  to  the  faid  Fortj  until  further  Or-  ^'"'^  contjgiom 
ders  fhill  be  given  by  the  Commifiioners  aforefaid,  or  the  Majority  of  them  •,  ^'''''"''""" 
and  the  faid  Com  mi  ffi  oners,  or  the  Majority  of  them,  are  hereby  authorifed  and 
impowered  to  give  fuch  Direction  for  tlie  faid  Veflel  and  her  Crew  performms 
Quarentine,  as  they  Ihall  think  necellliry,  to  prevenp  the  fpreading  of  fuch  Con- 
tagion :  And  if  any  Mailer  or  Commander  of  a  Veffe],  fo  ordered  to  perform 
Quarentine,  fhall  not  obey  fuch  Order,  fuch  Mailer  or  Commander  fhall  forfeit 

the  Sum  ot  One  Hundred  Pounds,  Proclamation  Money  ;  to  be  recovered  by 
the  faid  Commi.Tioncrs,  in  their  own  Names,  by  Adlion  of  Debt*  Bill,  Plaint 
or  Information,  in  the  General  Court  of  this  Province. 

XIII.  AND  whereas  it  happens,  that  VefTels  bound  into  the  River  aforefaid 
often  come  on  the  Coaft  in  thick  Weather,  and  frequently  fire  Guns,  to  acquaint 
the  Pilots  of  their  being  on  the  Coaft  : 

XIV.  BE  it  therefore  Ena^ed,  That  the  Commander  of  the  faid  Fort  for  the  Comm.naer  of. 
Time  bemg,  fhall,  and  he  is  hereby  required  to  anfwcr  fuch  Veifels,  by  firino-  one  ''"''  ^''*"-^'"  "' 
or  more  Guns,  not  exceeding  TJirce ;  for  which  Powder  fo  expended,  the  Com-  u"lToTSr 
mander  ot  fuch  Veffel  ihall  pay  and  fatisfy  the  Commander  of  the  fai'd  Fort  an ^''  ^°'  ^"°"' 
.equal  Qiiantity  of  Gun-powder,  or  pay  and  fatisfy  him  for  the  fame,  at  and  after  i<"tcut'S: 
the  Rate  of  Two  Shilhngs,  Proclamation  Money,  for  each  Pound  of  Gun-pow-  'Lain™"' ooTf 
der  fo  by  him  expended;  and  the  Commander  of  the  faid  Fort  Ihall  forthwitli  ^ '  'nstogoout. 
give  Notice  to  the  Pilot  or  Pilots,  of  fuch  VefTel  being  on  thfeCoafl:  And  if 

fuch  Pilot  ihall  not  forthwith  go  out  to  fuch  VefTel,  if  in  the  Day  Time,  fuch 
Pilot  fhall  forfeit  and  pay  the  Sum  of  Forty  Siiillings,  Proclamadon  Money, 
for  every  Negled  ;  to  be  recovered  before  any  Two  Magiflrates,  by  the  Com- 
mander of  the  Fort.  '  ' 

XY.-.JND  be  it  f.iriher  EnaBed,  That  the  f'everal  Forfeitures  arifing  by  Forfeiture, appu, 
ihis  Acl,  not  tlverein  before  applied,  Ihali  be  paid  to  the  CommifTioners  of  the  faid  *"*• 
Fort,  or  their  Order,  lx)r  and  towards  the  maintainino- thereof, 

XVI.  AND  he  it  further  EnaBed,:hy-the  Authority  aforrfard:;'^f\iii^h'^i[Q -^^r^^^^-^ic^tn- 
of  the  Death,  Refufil  to  acl.  Departure  out  of  the  Country,  or  other  Difability  k^T'  ""  ^'' 
of  any  of  the  faid  CommifTioners,  \v  (hall  and  -may  be  lawful'for  the  remaining 
Commiffipners,  or  the  Majority  of  them,  and  they  are  hereby  required,  to  eleft 
another  in  the  Room  and  Stoad  of  the  Commilnoner  difqualified  or  difabled  as 
aforefaid  :  VN^hich  Commiffioner  fo  eleded  fhall  be,  and  is  hereby  invefled  vmh 
iall  the  Power  and  Authority  of  any  Commiffioner  herein  before  named.     ' 


.rol-^Vr.  CHAP.     III. 

:Ari  additional  AS  to  an'AB^  intituled.  Feme  Coverts  how'tb  pafs  £ari3s 

^'  WJ  ^^  ^  RE  A  si 'the  Method  prefcribcd  for  Feme  Covetts  to  convey  Pr«™bf« 

V  V     their  Eftates  in  Lands  in  this  Province,  by  an  Ad  of  AfTembly,  made 
6t  a  General  Biennial  AfTembly,  held  on  the  Seventeenth  Day  of  November,  in 


the 


33! 


L      A      IV      S        of       N  O  R  T  H  -  C  A  p.  O  X  I  N  A. 


/».  D.  1751.    the  Year  of  our  Lord  One  Thouiand  Seven  Hundred  and  Fittcen,    intitulcd^~ 
""V  Fena:  Coverts  how  to  pafs  Lands,  in  many  Cafes,  hath  been  found,  by  Experience, 

to  be  im practicable-,  by  Reafon  that  the  Right  of  Inheritance  of  many  Lands  in 
this  Province  is  in  Feme  Coverts  who  arc  Kefidents  of  neighbouring  Govern- 
ments ;  and  in  fuch  Cafes,  Conveyances  have  been  made  by  the  Hufband,  with 
the  Wife's  Confent,  and  fometimes  by  both,  and  at  other  Times  by  the  Wife, 
only,  and  afterwards  ratified  and  connrrtied  by  the  Fiufband  5  by  Means  whereof 
the  Titles  of  many  Perlbns  are  become  precarious  ami  doubtful,"  and  much  Land 
lies  uncultivated  \'  to  the  great  Diminution  of  the  Revenue  of  the  Crown : 

F.me  csvertt  II.'  B  E  it  EtiaEledy  by  his  JL>:celIericy  Gabriel  Johnflon,  Efq-y  Governor^  hy  and 
ii«wtoiJ.f,L.:nd'.  ^^ii^  the  yidvice  and  Confent  of  his  Majefif  s  Council^  and  the  Geyieral  /Iffembly  of 
this  Province,  and  it  is  hereby  Ena^ed,  by  the  /iuthorily  of '^  the  fame.^  lliat  from 
dnd  after  the  pafTing  of  this  Adl,  all  Conveyances  in  Writing,'  arid  fealed  by 
Hufband  and  Wife,  for  any  Lands,  and  by  them  perfonally  acknowledged  before 
the  Chief  juftice,  or  in  the  Court  of  the  County  where  the  Land  licth,  the  Wife 
bcmg  lirft  privily  examined  before  the  Cliief  Juftice,  or  fome  Member  of  the 
County  Court,  appointed  by,  the  faid  Court  for  th;it  Purpofe,  whether  flie  doth 
voluntarily  afient  thereto,  and  regiilercd  according  to  the  Direftions  of  the  Laws 
of  this  Province,  (hall  be  as  valid  in  Law  to  convey  all  the  Eftate  and  Title  which 
i'uch  Wife  riiay  or  fliall  have-  in  any  Lands,  Tenements,  or  Hereditaments  fo  con- 
veyed, whether  in  F'ee-fimple,  Right  of  Dower,  or  other  Fftate,  not  being  Fee- 
Tail,  as  if  done  by  Pint  and  Recovery,  or  any  other  W^ays  or  Means  whatfo- 
ever. 

Procffding!  to  bt'      III.  PROVIDED   neverthdefs.^    That  where   any  fuch' Conveyances  as 
wtfri'In  u*a-  aforefeid  -fhall  be  acknowledged  by  the  Hulband,-  or  proved  by  the  Oath  of  one 
tmantof  onothsr  5'ji  [^norc  Wicnei^res,  before  the  Chief  Juftice  of  County  Court  where  the  Land 
Cuuntry,  &c.      jj^j-j^^  ^^  -j;  ^^\^  |)g  reptefcntcd  to  the  Chief  Juftice  or  County  Court  aforefaid,' 
that  the  Wife  is  a  Refidcnt  of  any  other  Country,  or  fo  aged  or  infirm   that  Ihc 
Cannot  travef  to  the  Chief  Juftice  or  County  Court,  to  make  fuch  Acknowledge 
'ment  as  aforcfaid  ;  it  ihali  and   may  be  lawful  for  the  Chief  Juiticc  or  County 
Court,  by  his  or  their  Oi^cr,  ;to  direct  the  Clerk  of  the  County  Court  where  fuch 
Land  liethy  to  Iftlie  a  CommifTioh  to  two  or  more  Commiftioners,  for  recieving 
iiie  Ackhov/ledgment   of  any  Deed  of  fuch  Feme  Covert,  for  palling  her  Eftate 
in  any  Lands  Tenements,  or   Hereditaments-,  and  fuc  h  Deed,  acknowledged  be- 
fore them,  after  they   have  cxa,niined  her  privily  and   apart  trom  her  Hufband 
touching  htr  Confent,  arid  ctrtihed  by  the  County  Co-jrt  to  which  the  Commiflion' 
fhill'bc  returnable,  ihail,  Ljy;  Order  of  the  County  Court,  be  regiftered,  with  the 
Commiftion  and   Return,"'  and    fhall  be    as   effedual  as  if  perfonally  acknow- 
ledged before.the,ChiefJw^iqe'.Qr  County  Court  by  fuch  Feiiie  Covert.-  • 

IV.  A  KD.ifqr' preventing  .Miftakes  inififuing  out  fuch  ComnMiotiiyBe  if 
Ena£led,  by  tJje  Auihcrity^c/or^faid^  I'hat  the  feveral  Clerks  of  this  Province,  fhall' 
ifTue  the  farne,  in;the;jFoi^nToi]<?wing;  to"Joity 

jform  of  thg      1<I or th-Car olina ^  Q.  County y.^.^^'y\\x  x^j.C),.  .:■....  .. 

Comm:ffioH.  G  EO  R  G"E  the  Scconci,  by  the  Grace  of  God,  of  Great-Britain^  France^  and 

Ireland,  King,  Defender  of  the  Faith,  i^c. 

To  A.  B.  C.  D.  and  E.  Gentlemen,  Greeting. 
H  E  R  E  A  S  F.  G    hath  produced  a  Deed  of  Conveyance,  made  to  him 
from  //.  /.  and  K.  his  Wife,  of  a  certain  Traft  or  Parcel  of  Land,  ly- 
ing and  being  in  the  Cotmty  of  '  '      iri  our  Province  of  Nortb-Caro- 
lina,  and  proi^ured  the  fame  to  be  proved  or  acknowledged  by  the  faid  77.  I.  be- 
fore 7.  A',  our  Chief  Juftice  of  our  faid  Province,  (or  in  the  Court  of  our  faid  County 
'^f  C'as  the  Cafe  may  be,)  .and  it  being  repiefented  to  our  faid  Chief  Juftice,  or 
to  our  faid  Court,  that  K.  Wife  of  the  f;iid  H.  L  is  an  Inhabitant  cf  our  faid  Pro- 
vince,- 


L      A      W      S        of       N  O  R  T  H  ^  C  A   R  O  L  I  N  A.  3'39 

viiicc,  or  ot"  (or  is  foagcd  and  infirm,)  (here  as  the  Calc  may  be)  /^  ^  '7'';, 


— ^/-- 


fo  that  flie  cannot  travel  to  our  laid  Chief  Juflice,  or  Court  of  our  faid  County 
'G'f  to  be  privily  examined  as  to  her  free  Confent  in  executing  the  laid  Convey- 

"ance.  Know  yc,  that  we,  in  Confidence  of  your  Prudence  and  Fidelity^  have 
^appointed  yotr,  and  by  thefe  Prelents,  do  give  unto  you,  or  unto  any  two  of  you; 
full  Power  and  Authority,  to  tnkc  the  private  Examination  of  the  faid  K.  Wife 
of  the  faid  //.  1.  concerning  her  Iree  Confent  in  her  executing  the  faid  Convey- 
ance:  And  therefore  we  command  you,  or  any  two  ot  you,  that  at  fuch  certain 
Day  and  Place  as  you  (hall  think  fit,  you  go  to  the  faid  K.  if  fhe  cannot  conve- 
niently come  to  you,  and  privily,  and  apart  from  her  Hufband,  examine  her  the 
laid  A',  whether  Ihe  executed  the  faid  Conveyance  freely  and  of  her  own  Accord, 
■without  Fear  or  Compulfion  ot  the  fi'id  f/.  I.  her  Iji^lbindi  and  the  Examina- 
tion being  diftindly  and  plainly  wrote  on  the  faid  Deed,  or  on  fome  Paper  an- 
tiexed  thei-etOj  and  when  you  Ifiall  have  fo  taken  the  faid  Examination,  you  are 
to  fend  the  fame,  clofed  up,  under  the  Seals  ot  you,  or  any  two  of  you,  toge- 
ther with  this  Writ,  unto  cur  faid  Court,  to  be  held  for  the  faid  County  of  C.  on 
the  Day  of  ntxt  enfuing,  in  the      . 

Year  of  our  Reign.      W  itnefs  Z-.  M.  Clerk  of  our  faid  Court,  at  the 

Day  of  '^!2f23  Dom.   17 

L.  M.     CI.  C, 

V,  A  N  D  for  the  greater  Security  of  Purchafers,  Be  it  EnaEfed^  by  the  Aiitho-  F«'c!,r.f.r,  f«.. 
rity  afcrefaid^  That  all  i:)eeds  and  Conveyances  of  Lands,   herttotore'made  by  the  '"'' 
Hufband  and  Wife,  or  by  the  Wife,  and  alt.: rvv'urds  ratified  and  confirmed  by  the 
Hufband,  wherein  a  valuable  Confidtration   is  txprclled,  for  any  F.flate  or  Title 

of  any  Feme  Covert,  in  any  Lands,  Tcntm.ents  or  Hereditaments,  whether  in 
Fee-Simple,  Right  ot  Dower,  or  other  Eftate^  not  being  Fee-tail,  where  fuch  Deeds 
or  Conveyances  have  been  regillered  within  Twelve  Months  from  the  Date  thereof, 
or  fiiall  be  regiftcred  within  the  Space  of  One  Year  after  the  Return  of  the  Com- 
milTion  for  taking  the  Examination  of  the  Wife,  as  herein  before  mentioned, 
or  where  the  Perfon  or  Perfons  to  whom  the  fame  hath  beert  made,  hath  aftually 
entered  thereupon,  and  hath  continued  in  PofllfLon  thereof  for  the  Space  of  Seven 
Years,  by  Virtue  of  fuch  Deeds ;  they  ibail  be  refpt.6lively  as  valid  in  Law,  and 
take  Effed  as  fully,  to  the  Benefit  of  all  j'e rfons  refptftively  In  Poffefllon  thereby, 
and  their  Heirs  and  Afllgns,-  againft  the  Hufband  and  'vVife,  and  every  of  their 
Heirs  and  Affigns,  and  againft  all  other  Perfons  claiming  by,  ffom,  or  under 
them,  or  any  of  them,  as  if  the  dxint  had  been  done  by  Fine  and  Recovery,  or 
any  other  Ways  or  Means  whatfoever  ;  any  Law,  Cuftom,  or  Ufage  to  the  con- 
rary,  in  any-wife,  notwithftandingj 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaidy  That  it  (hall  and 
may  be  lawful  for  the  Chief  Juftice,  County  Court  Clerks,  and  Publick  Regiflers, 
to  take  and  receive,  in  Proclamation  Money,-  or  Bills  of  Credit,  for  the  Services 
afore- mentioned i  the  following  F"ees  -,  to  wit. 


The  Chief  Jufiict's  Fees. 

Proclamation  Money,     /.     s.     d.  chief  jurfiees 
For  an  Order,  direfting  the  Clerk  to  ilTue  a  Commifiion  to  take  the  I  „  ^"•• 

Acknowledgment  ot  a  Feme  Covert  to  a  Deed  for  Lands, 


\o 


o 


l^he  Clerk's  Fees. 

Proclamation  Money,     /.     s.     d. 

For  Entering  an  Order  for  iffuing  a  Commi(Tion   for  taking  the  Ac-  )  cif.k'.reti. 

knowledgment  of  a  Feme  Covert  to  a  Deed  for  Lands,  j   °     ^     7 
For  iffuing  fuch  Commi(rion,  c     i     4 

For  Entering  an  Order   for  Regiftring  fuch  Return   on  fuch  Com-  > 

miflion,  \  °     °     7 
For  a  Copy  of  fuch  Order,  to  be  endorfed  on  the  Return,  007 

R  4  The 


S^'  LA      W     S        of       K  0  R  T  JI  -  C  A  R  O  L  I  N  A. 


^?"  !1!1:>^"    -,'/..  rbe  Regifier's  Fees. 

Rigiftcr*.  Fees.  '41}"'^^  '"'[' '  .  Proclamation  Money, .   /.     j.     </.- 

-For  Regiftring  a  Commiffionfor  taking  the  Acknowledgment  of  a  y 
.r  Feme  Covert,   *vith  the  Order  indorfed,  and  the  Commifljoners  i   o     z     § 
CerEificate,;  y 

fonfl^-""^"'  ^^^'  ^^^  ^^  it  '^namd,  by  the  Authority  aforefaid.  That  if  any  of  thS- 
^"Fiet!'"^^'"'"  Officers  atorefaid  fhall  demand,  extort,  exa<5l,  or  receive  any  other,  or  krgef 
Fees,  for  tiie  Services  aforefaid,  than  what  are  herein  particularly  mentioned,  o^' 
ihall  refufeto  do  the  particular  Service  in  his  Office  for  the  faid  Fees,  fuch  Offi- 
cer fhall  be  liable  to  the  fame  Forfeitures  and  Penalties,  and  the  Party  aggrieved 
have  the  fame  Action,  Remedy,  and  Relief,  as  is  provided  by  one  Aft  of  Af- 
fembly,  made  in  the  Twenty  Second  Year  of  the  Reign  of  his  prefcnt  Majcfty, 
intituled.  An  A5ly  for  Regulating  the  feveral  Officers  Fees  within  this  Province^- 
and  afcertaining  the  Method  of  paying  the  fame. 


e  H  A  P.     IV. 

An  additional  A5i  to  the  feveral  ASfs^  to  appoint  Public  Treafufers. 

Prwabk,  i^  TTTHEREAS  many  of  the  mortgage  Bonds   formerly  taken   by  the 

VV  feveral  County  Treafurers,  in  Virtue  of  feveral  Ads  of  Afiembly  then 
in  Force,  by  Reafon  of  the  NegleCl  or  Death  of  molt  of  thofe  Treafurers,  re* 
main  uncancelled,  and  the  Money  due  thereon  unpaid  -,  and  the  Times  limited  by 
Law  being  long  fince  expired,  and  no  Perfon  legally  impowered  to  make  Diflrefs 
for  the   fame,  whereby  the  Public  is    very  much  injured  :  For  Remedy   whereof, 

JweJe""  uke  ^^-  ^  ^  pray  it  may-  be  Enafted,  And  he  it  Enacted,  by  his  Excellency  Gabrirf 
intoPoffffinn,  Johnfton,  Efqy  Governor i  by  and  with  the  Advice  and  Confent  of  his  Majefifa 
«o,tgag,ito«d..  Q^^^^-i^  ^„j  the  General  Affiembly  of  this  Province,  and  by  the  Authority  of  the 
fame.  That  each  of  the  Public  Treafurers  in  their  feveral  Diftricls,  refpe<5lively,  are 
hereby  authorized,  impowered,  and  required,  to  take  into  his  or  their  Keeping 
and  Poffeffion,  the  feveral  Mortgage  Bonds  yet  uncancelled  and  unpaid  ;  and  the 
feveral  Perfons  in  whofe  Keeping  or  PoffefTion  any  of  the  faid  uncancelled  Bonds 
are  remaining,  are  hereby  required  to  deliver  the  fame  on  Demand,  to  the  refpec- 
tive  Public  Treafurer  of  the  Dirtrift,  under  the  Penalty  of  Ten  Pounds  Proclama*- 
tion  Money,  for  every  iljcb  Rcfufal  or  Negled  •,  to  be  fucd  tor,  and  recovered,  by' 
the  Public  Treafurer  of  the  Diftrid:  where  the  Perfon  fo  refufing  or  neglefting 
may  refide,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of 
Record  in  this  Province  ;  wherein  no  Ini.un<5tion  or  Wager  ot  Law  fhall  be  allow-* 
cd,  or  admitted  of  v  and  applyed  one  Half  to  the  Ufe  of  the  Public,  the  other 
Half  to  the  Treafurer  who  fliall  fue  for  the  fame. 

^ffBlndlTo"'^'  11^'  A  N  D  be  it  further  Em^ed,  by  the  Authority  aforefaid.  That  the  Pub" 
kefetupatths  Jic  Trcafurcrs  aforefaid,  in  their  refpeftive  Diftrids,  upon  the  Receipt  of  all,  or 
Court-Houie  ^^^  ^^  ^.j^^  ^^jj  Mortgage  Bonds  not  cancelled  nor  paid,  Ihall  caufe  a  Lift  or 
Schedule  of  fuch  Bonds,  defcribing  the  Place  where  the  Lands  lie,  the  Mortga- 
gers Name,  the  Sum  fuppofed  to  be  due  on  each  Mortgage,  to  be  affixed  on  the 
Door  of  the  Court-Houfe  of  the  County,  or  at  the  Court  of  Affize,  or  General 
Court,  when  held  in  the  County  where  the  Land  lyes,,  during  the  Sitting  of  ai 
leaft  one  fuch  Court. 

©iftrcftubt  IV.  AND  hit  further  Ena^ed,  by  the  Authority  aforefaid.  That  where  a- 

fiy  Perfon  fliall  make  Default  for  thirty  Days  after  fuch  Lift  hath  been  affixed  as< 

aforefaid^ 


L    A    W    S     of     North-Carolina.  341 

-ttorclaid,  to  pay  the  leveral  Sums  due  on  each  Mortgage  Bond,  in  fuch  Cafe,    ^- ^-  »75j- 

«ach  and  eVrry  Public  Treaiurer  is  hereby  impowered,  dircftcd  and  required,  to  *^ ^ ' 

make  Diftrefs,  by  granting  an  Attachment,  dircded  to  the  Sheriff  of  the  County  |^^^.'  °°^'^"'' 
where  any  Perfonal  Eftate  belonging  to  any  Defaulter  lyes  ;  who  is  hereby  autho- 
rized and  required  to  execute  the  fame,  on  any  fuch  Perfonal  Eftate  in  his  County 
to  be  found. 

V.  A  N  D  be  it  further  EnaSfed^  by  the  Authority  afdrefaid^  That  all  fuch  D''i"in<-d  Gocd* 
Goods  apid  Chatties  fo  diltrained  on  as  aforefaid,  fhall  be  fet  up  and  fold  at  public  j"J'^^ ''"^^  "'^'"^ 
Vtndue,  at  the  next  County  Court,  or  Court  of  Afllze,  or  General  Court,  after 

fuch  Diftrefs  ihall  be  made-,  an  Inventory  of  fuch  Goods  having  been  iirft  fet 
up  at  fuch  Court-Houfe,  at  leaft  ten  Days  before  fuch  Sale. 

VI.  AND  be  it  further  EnaHcd^  by  the  Authority  aforefaid^   That  where  no  D-fnukfrj  n,.t 
Perfonal  Eftate  belonging  to  any  Defaulter,   fhall   be  found  in  the  County  wherein  ^^^l'^[^  ^'l!iT^ 
the  mf;rtgagcd  Land  Jyes,  in  fuch  Cafe,  it  Ihall  and  may  be  lawful  for  the  public  gH  Li'nJs  v'ht 
Treafur.  r,  in  his  refpeftive  Diftridf,  by  Virtue  of  fuch  Morto-age,  to  enter  on  the  '^^  ''*',  ""^  ""  "/ 

.-  .  ,  T  1  5     r         I         •  ■  (•  T^  X-      •  1         p   O   '    ""  '-"'•>-»  >J»«  Lilt    veiplui  rtiurntdi 

laid  Land,  and  alter  having  given  rorty  Days  Notice,  by  lixing  a  Note  on  the 
County  Court-Houf',  to  expofe  the  faid  Lands  to  Sale  by  publick  Vcnuu',,  at  the 
next  County  Court,  Court  of  Aifize,  or  General  Court,  alter  fuch  Notice  ;  and  whatfo- 
ever  fuch  Land  fhall  fell  for,  more  than  what  is  duconluch  ijonds,  andtheCharo-e  of 
the  Sal-i  of  fuch  Lands,  and  to  the  Treafurer  for  conveying  the  fame  to  the  Pur- 
chafcr  or  Purchaf.rs,  Ihall  be  n  turned  to  the  Owner  •,  which  Sale,  made  by  fuch 
Treafur  ;r,  fhall  be  good  and  effcdual  in  Law^  to  all  Intents  and  Purpofcs  whatfo- 
cver,  and  the  faid  Deed  fo  given,  if  loft,  the  Regiftry  thereof  fliall  and  may  be 
given  in  Evidence,  in  any  Court  of  Record  within  this  Province. 

VII.  A  N-D  whereasjfince  the  ereding  Fort  Jchrfion  at  the  Mouth  of  Cape-Feat 
River,  there  appears  to  remain  in  rhe  tiands  of  the  Public  Treafurer  of  the  Sou^ 
them  Counties,  a  Surplufs  of  the  Monies  appropriated  by  LawYor  that  Purpofe  > 
ind  it  being  n.cclTary  the  faid  Fort  now  built  fhould  be   prefcrved  \ 

VIII.  B  E  it  Ena5fed^  by  the  Authority  afctefaid^  That  it  fhall  and  may  be  law-  comm-fl-mfnrf 
ful  for  the  Commiirioncrs  appointed  by  Aft  of  AfTemhly,  intituled.  An  ,i5i  for  F^'t  >*«/?<,/ 1« 
tremng  a  Pcrt.ficaticn  on  the  lo^er  Part   of  Cape-Fear  R-jer,  by  Warrant  under  k"7'it'^''^Rc! 
their  iHfands,  or  the  major  Part  of  them,  10  draw,  from  Time  to  Time,  out  of  the  f'^'"'  *'• 
Hands  ot  the  faid  Treafurer,    fuch  Sum  or  Sums  of  Money,  as  they  Ihall  iudo-e 
neceflfaryj   for  the  guarding,  watching,  and  prefcrving  the  faid  Fort. 

IX.  P  R  O  V  I  D  ED  it  does  not  exceed  the  Surplufs  of  the  Money  formerly  Treafurer  to  p., 
appropriated  by  Ad  of  AfTembly,  to  the  erecting  the  faid  Fort ;  and  the  Public  "'  ^'  '*''■'«.'■. 
Treafurer  fhall  pay  fuch  Draught  at  Wilmtngton^  each  Court  of  A/Tize,  and  the  '°i\l'^'^  ^ 
CommiOioncrs  fhall  account  for  the  famcj  in  the  fame  Manner  as  all  other  pub!  - 

Monies  by  Law  are  to  be  accounted  for. 


CHAP.    V. 

An  ASfy  to  revive  an  ASl^  intituled.  An  A<fl,  to  appoint  an  Agent,  to 
follicit  the  Affairs  of  this  Province,  at  the  feveral  Boards  in  Endand, 

1.  TT  7  H  E  R  E  A  S,    in  ahd  by   an  Ad  of  the  General  AflenribTfy  of  this  Pr«imw«, 

y  y  Province,  pafs'd  in  the  Year  of  our  Lord,  One  Thoufand  Seven  Hun- 
dred and  Forty  Eight,  intituled,  An  Acty  to  appoint  an  Agents  to  fotlicit  the  Af- 
fairs of  this  Province^  at  the  feveral  Boards  in  England,  James  Abtrcrombie^ 
Efqi  was  appointed  Agent  of  this  Province,  for  and  during  the  Term  of  Two 

Years, 


342  L     A     TV     S       of      N  o  p.  T  H  -  C  A  R  O  L  I  N  A. 

tl  °    'lil>  Years,  next  alter  the  Twenty  Fifth  Day  of  March   then  next  iolJowing  the  Ka- 

'"^'        tification  of  the  faid  Aft,  and  it  being  found  very  beneficial  to  the  Province,  tha^ 

a  proper  Perfon  fhould,  by   public  Authority,  follicii   and  reprcftnt   the  Affairs 

of  this  Province,  at  the  fevcral  Berards  in  England;  but  the   faid  Act  being  made 

temporary,  and  not  now  in  l-'orce,  the  Tinie  Hiiiited  therein  being  expired  j 

Ala  for  tppoifit-  IL  W  E  pray  it  may  be  Enaded,  /^nd  he  it  ErjcMed,  hy  his  Excellency^ 
'^v-Tfor^jYtits.  Gabriel  Johnfton,  Efq%  Governor ,  by  and  li-ith  the  Advice  and  Confent  of  his  Ma- 
*■  j^fiy^s  Council^  and  the  General  A jj'eriibly  of  this  Province^  and  it  tS hereby  Lnaded,  by 

the  Authority  cf  the  fame.  That  trom  and  aft'.r  the  katihcation  ot  this  Aft,  the 
faid  Aft  palled  in  the  faid  Year  of  our  Lord,  One  'J  houland  Seven  Hundred  and 
P'orty  Eight,  to  appoint  an  Agent  to  folHcit  the  Affairs  of  this  Province,  at  the 
feveral  Boards  in  England,  arid  every  Claufe  thereof,  (except  as  is  herein  atter  ex- 
cepted) be  revived  ;  and  be  and  remain  in  full  Force,  for  and  during  the  Term  of 
three  Years,  to  commeirce  at  and  from  the  Twenty  Fifth  Day  ot  March  laft  paft, 
and  no  longer. 

III.  AND  v;^hercas,  the  Salary  of  Fi'ty  Founds  Sterling, per  Annum,  m  the 
faid  Aft,  mentioned  and  allowed  to  the  faid  Agent,  is  not  adequate  to  his  Trouble 
and  Expencc.  And  whereas,  the  Sum  of  One  i-iundred  and  Eleven  Pounds, 
Nine  Shillings  and  Two-Pence,  Sterling  Money,  appears  to  be  due  to  the  faid  A- 
gent,  for  extraordinary  Expences,  Charges  and  Trouble,  in  the  Service  of  this 
Province  : 

A«'-nti  ArrMM  IV.  B  E  it  therefore  Ena"ed,  hy  the  Authcrlty  afcrefaid.  That  fuch  a  Sum, 
sliaryfctti'ed."'^  ki  Pfoclamation  Mohty,  be  paid  imnieciately  to  the  C  omniittee  ol  Corrcfpon- 
dence,  out  ot  the  public  Treafury,  by  a  Warrant  from  his  Excellency  the  Go- 
vernor, as  fiiall  be  iuMicient  to  enable  them  to  remit  and  pay  to  the  faid  James  A  ■ 
hercrcmbie  in  England,  the  faid  One  Hundred  and  Ekven  Ponnds  Nine  Shillings 
and  Two-Pence  i'/^r/zw^,  and  alio,  the  Yearly  Salary  of  Cnc  Hundred  Pounds  ^S/fr- 
ling,-  to  commence  frorii  the  Twenty  Fifth  Day  of  March  laft  paft,  for  and  du- 
ring the  Continuance  of  this  Aft. 

Goa»;nutnc«  of  Y .  A  N  D  be  it  further  Enacted,  by  the  Authority  aforcfaid,  Th:.t  the  Honourable 
James  Hafelli  Efq;  and  Mr.  John  Daivfon,-  be,  and  are  hereby  added  to  the 
Committee  of  Corrcfponderice,  appointed  in,  and  by  the  before  recited  Aft,  in 
the  Room  of  Robert  Halton,  and  Eleazer  Allen,  Efqrs.  deceafcd. 

Nn^Wcfthe         VI.     AND  he  it  further  Enacted,  hy  the  Authority  afcrefaid.    That' this  Aft 
eommittee  made  ^^jj  continue,    be,  and  remain  in  Force,    for  and  during  the  Term  of  Three 

Years,  to  commence  at  and  from  the  Twenty  Fifth  Day  of  March  laft  paft, 

and  no  longer.  ii^^   "-^ 


CHAP.     VI. 

An  A6t,  for  granting  fo  bis  Majcjly,  a  Duty  on  the  Importation  of  Rum 
and  Wine  into  Anfon  County,  from  South- Carolina. 

PreamWe,  I.  "f  T  THERE  A.S,'  the  Inhabitants  of  A}ifon  County,  do   make  Qiiantitics 

W  of  ftrong  Liquors  fufficient  for  their  own  Ufe,  and  the  frequent  Im- 
portation of  Rum,  Wine  and  other  Spirituous  Liquors  into  Anfon  County  fronv 
South-Carolina^  only  drains  the  Inhabitants  of  their  Subftance,  and  is  greatly  de- 
trimental to  their  Families  : 


LA      W      S        of       N  O  R  T  H  -  C  A  R  O  L  I  N  A.  343. 

,  _  ' . — . , .11  ■  '•' ' — — —  ■'■' "~ 

/*.  D.    1751. 

II.     W  E  pray  that   it   may  be  Enaited,  And  -be  it  Enacted,  hy  his  ExceUcr.cy  „       ^"" 

r       /  ^  ^         ?    ,  !  .  .  ,  ■<.  r        ■  Duty  oil    L  (J'kjij 

Xjabricl  Johniton,  Efq\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  imponea. 
-jefty's  Council,  and  the  General  djjcmbly-  of  this  ProvincSi  and  by  the  Authority  of 
the  fame.  That  from  and  after  the  Twenty  Fifth  Day  of  March  next,  after  the 
'palling  this  Ad,  every  Importer  of  Wine,  Rum,  and  other  Spirituous  Liquors, 
fiom  Soulh-Carolina,  into  Anfon  County,  fhall  pay,  as  a  Duty  to  his  Majefby,  tlie 
Sum  of  'I'wo  Shilhngs  and  Six-pence,'  for  each  and  eVery  Gallon  ot  Wine,  Rum, 
or  other  Spirituous  Liquors  fo  imported, 

III.  AND  be  it  Enacted,  hy  the  Authority  aforefaid.  That  Mr.  Caleb  Hoivel  Coiieaor  of  Du. 
be,   and  is  hereby    appointt?d   Col]e6lor  and  Receiver,  of  all   the  Duties  hereby  a- ^'"' *''^°'""''* 
hfing  •,  and  theColleitor  of  the  faid  Duties",  and  fuch  as  may  hereafter  be  appoint- 
ed   in  Virtue  of  this  Aiif,  to  collect  the  fame,' fhall,  before  he  eaters  on  his  OfBce, 

give  Bond,  with  fufficient  Securities,  tty  his  Excellency  the  Governor,  and  his  Suc- 
ceffors,  at  the  Court  that  flial!  be  h^4d  fof  ihe  faid  County,  on  the  third  Tuefday 
in  January-  next,  in  the  Sum  of  One  Hundred  Pounds,;''and  fhall  take  the  follow- 
ing Oath. 

I  A.  B.  do  folemnly  fzvear,  That  I  "mill  faithfully,  juftly  and  diligently,  collect  all  'i^'^^On^. 
and  every  the  Duties  arifin?  by  the  Tmportntion    of  Wine,  Rum,  and   other  Spi-^ 
rituous  Liquors,  into  Anfon  County,  from  South-Carolina. 

'^"     So  help  me  God. 

IV.  A  N D  be  it  Enal^edi  by  the  Authorify  aforefaid,' That  on  the  Death  or  Coiicftor  tnbe 
Removal  out  of  the  County,  Milbehaviour,  or  Difability  of  the  Colled:or  of  the  V^j!'"'/''  ^^ 
aforefaid  Duties,  the  Jullices  of  Anfon   County  are  hereby  iaipowered    to  appoint 
another,  who  lliall  enter  into  Bond,  with  fufficient  Securities  as  before  mentioned, 

and  fhall  take  the  fame  Oath  as  before  recited. 

V.  AND  whereas  it  is  necefTary  to  prevent  Frauds,  that  the  Importers  of 
Wine,  Rum,  and  other  Spirituous  Liquors,  imported  irtto  Anfon  County  from 
South-Carolina,  fliould  declare  to  the  Colledor  aforefaid,.  the  Quantities  by  him 
or  them  imported  :  ■  '.-.'* 

VI.  BE  it  Enacted,  by  the  Authority  aforefaid.  That  each  and  every  Importer  prpcccdin-^toUp 
T)f  Wine,  Rum,  or  other  Spirituous  Liquors  as  aforefaid,  fhall,  before  he  difpofeth  h,a  hy  impo't"^ 
of  any  thereof,  give  an  Account,  on  Oath,  to  the  Colleftor,  what  Qiiantitics  he  or  fL'they"ifptfe 


the 


ters 


they  have,  and  fhall  pay  the  Duties  thereon,  before  the  Collc6tor  gives  him  a  "^  ""3 
Certificate  to  difpofe  of  the  fame  ;  and  in  Cafe  any  Perfon  or  Perfons  refufe  or 
ncgled  taking  a  proper  CerciHcate  from  the  Colledor,  it  fhall  and  may.  be  law- 
ful tor  the  faid  Collcdtor,  and  he  is  hereby  impowered,  to  make  Seizure  of  all  fuch" 
Winr,  Rum,  or  other  Spirituous  Liquors,  imported  mw  Anfon  County  from 
South-Carolina,  that  hath  not  paid  the  Duty  before- mentioned,  and  fhall  make 
public  Sale  thereof  to  the  highefl  Bidder,  after  giving  ten  Days  public  Notice  at 
the  Court-Houfe  of  the  faid  County,  and  the  Money  arifing  by  fuch  Seizure, 
fhall  be  paid  to  the  luff  ices  of  the  aforefaid  County,  at  the  firfl  Court  of  Qiiarter- 
Sefllons  after  fuch  Sale  is  made,  and  be  by  them  appropriated;  for  the  Ufe  of  the 
County.  , ; 

VII.     A  N  D  he  it  Enacted,  by  the  Authority  aforefaid.  That   fuch  Sums  of  Duties  approiiti^ 
Money  as  may  be  collected  on  the  Duties  hereby  arifing,  fhall  be  Yearly  paid  by  ^"'^• 
the  Collcilor,  (after  deducing  Ten  per  Cent  for  his  Trouble)  to  the  Juflices  of  the 
aforefaid  County,  and  be  by  them  appropriated    for  contingent  Charges   of  the 
County. 

S  4  An 


PiWtte. 


344  L    A    W    S      of     North-Carolina. 

■^  ■   i>.  1751. 

'^"^  C  H  A  P.     VIL 

An  Ad:,  t6  alter  die  Times  for  holding  the  Courts  ror  the  County  of 

Craven. 

H  E  R  E  A  S  two  of  the  Courts  which  arc  hefd  for  the  County  of  Cra- 
veri,  in  eacli  Year,  fall  out  on  the  fame  Days  the  Gentral  Courts  of  this' 
Province  are  held  at  Newiern  : 

II.  T  H  E  R  E  F  O  R  E  wc  pray  it,  rhay  be  Enadcd,  Jvd  be  it  Enacted,  hy 
^/i  £xif//<?«9' Gabriel  Johnfton,  Ejq^,  Governor,  by  ard  with  the  Advjce  and  Con- 
Jent  of  his  Majejiy's  Council,  and  the  General  yijfembly  df  this  Province,  and  by. 
the  Authority  of  the  fante.  That  after  the  Katirication  of  this  Aft,  the  feveral 
County  Courts  hereafter  to  be  held  foi;  the  County  of  Craven,  fhall  be  held  on  the 
Second  Tuefdays  in  November,:  Februarys  Mcy,  and  Augufi;  Yearly ;  and  all  Con- 
tinuances and  References  ordered  in  the  Court  held  for  the  faid  County,  on  the 
third  'Tuefd(y  in  September  iaft,  fliall  be  continued  over,  and  all  Procefs,  returnable 
to  the  third  'Tuefday  in  Decej^ber  next,  fliuU  be  returned  to  th6  Court,  to  be  held 
for  the  faid  County  on  the  kc.orid  Tnefday  in  Nova?ibernext,  and  fliall  not  be  Er- 
ror in  the  Frocefs  or  Proceedings  aforefaid  •,  any  Law,  Ufage,  or  Cuftom  to  the 
contrary  thereof,  in  any- wife,  notwithllanding. 


C  H  A  P.    VIII. 

An  AB,  to  confirm  the  four  Lots  in  Newbern  'Town,  lately  conveyed  to  the 
Cotmnif loners  for  the  Pi^blic  Buildings,  for  the  Ufe  of  the  Public  for  ever. 

private.  L  'Wf  PI  E  R  E  A  S,  by  an  Aft  of  the  General  Affcinbly,  pafled  at  Neivbern,  the 

V V  Seventcentl:^ Day  o'iM.nrchi;^) hv the  Year  ofour  Lord  Cne  Thouf^nd  Se- 
ven Hundred  and  Forty  Nine,  intituled,'  An  additional  Act  to  an  Act,  intttuUdy 
An  Act,  to  fix  a  Place  jcr  the  Seat  of  Gevtrnment,  and  for  kcfp.rgPuhl.c  Off.ces,  for 
appointi7ig  Circuit  Courts,  ■  and  defraying  the  Lxpence  thereof ;  and  aljo  fcr  ftali.fh- 
ing  the  Courts^  of  J  ufiice,,  am  d  regulating  ihe  Proceedings  therein;  John  Starkey, 
Edward  Grijfith\  and  Jeremiah  Vail,-  wtre  appointed  CoitimiHieners,  with  iuil 
Power  and  Authority  to  agree  with  any  Perfon  or  Perfons  to  ertft,  carry  on,  and 
perfeft  the  Publie  Buildings- at  the  To\^noi  Newbern  ;  which  laid  Comniiflionfrs, 
agreeable  taa  Refolve  of  the  General  AfTe'mbly,  had,  by  the  faid  Commiffioncrs  lor 
conveying  Lots  in  the  Town  of  Newbern,  granted  to  them,  their  Heirs  and  Af- 
flgnSy  for  the  Ufe  of  the  Public  for  ever,  by  Deed,  bearing  Date  the  Seventeenth 
Day.  of  April,  One  Thoufind  Seven  Hundred  arid  Fifty,  four  Lots  of  Land  in 
the  faid  Town,  known  in  the  Plan  thereof  by  the  Numbers  248,  249,  250,  251  ; 
which  faid  Lots,  by  Reafon  of  the  Provifo  in  the  faid  Deed  mentioned,  will  ioon 
become  lapfabie^  and,. thereby  the  Money  already  expended  towards  the  Public 
Buildings  no^beguii,.  •will  be  loll,- and  the  good  Intentions  of  the  faid  Law  de- 
feated: For  Remedy  whereof, 

II.  W  E  pray  it  iftay  be  Enaftcd,  yind  heir  Enacted,  by  his  Excellency  Gabriel 
Tohnilon,  Efq;  Governor,  by  and  with  the  Advice  and  Cor.fent  of  his  Majefifs 
Council,  and  the  Gsneral  Affembly  of  the  faid- Province,  and  by  the  Authority  of  the 
fame,  That-tlie  faid  four  L<?is  of  Land  in  the  Town  of  Newbern,  nu'cnh^vtd,  248; 
249,  250,  251,  fliall,  and  they  are  hereby  declared  to  bcfavcd,  for  the  Ufe  of  the 
Public  for  ever,  for  the  Purpofes  aforefaid,  by  Virtue  of  the  faid  Deed,  in  as  full 
afid  ample  Manner,  as  if  the  faid  Commiffioners  had  creftcd  a   Houfe  on  each  of 

the- 


L    A    W    S      of     North-Carolina.  345 

£he  laid  Lots,  of  the  Quality  and  Dimenfions  prefcribcd  by  one  A6t  of  Airembly,  ^-  ^-  ^^^ 
palled  at  a  General  Biennial  AlTembly,  held  at  Edentov,  m  the  Year  of  our  Lord  ~'^~ 
One  Thoufand  ^evcn  Hundred  and  Twenty  Three-,  and.  alfo  naentioned  in  one 
other  Act  of  AlTenably,  palFed  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Forty  Light,  intituled,  An  Aci  for  the  better  regulating  the 'Town  of 
Newbern,  for  fencing  the  fame,  and  fecuring  the  Titles  of  the  fever al  Perfons  -voho 
hold  Lots  in  the  faid  To-jxjn-y  any  Law,  Ulagc,  or  Cuftom  to  the  contrary,  in  a- 
hy-wifc',  notwithitanding. 


CHAP.     IX. 

An  Aa,  to  amend  and f apply  the  Defeats  of  an  A5f,  intituled^  An  Adl,  to 
appoint  Commiirioners  in  the  Place  and  Stead  of  thofe  deceafed,  to 
Gompleat  and  linilh  the  Church  at  Newbern^  and  for  adding  the  pre- 
fent  Churchwardens  and  Vtftrymen  to  the  faid  Commiilioners,  and  for 
impowering  the  fciid  CommifTioners,  Churchwardens,  and  Veflrymen, 
to  call  the  former  Comniiilionei's  to  Account,  tor  all  the  Monies  by 
them  received  for  the  Ufe  of  the  faid  Church,  and  to  appropriate  it 
to  the  Purpofe  afore  faid,  and  in  Cafe  of  Iniufficiency,  to  lay  a  Levy  to 
accomplifli  the  fame. 

I.  ^WJ  K  E  R  E  A  S  by  the  above  recited  Ad  of  Afiembly,  the  then  prefcnt  Private. 

VV  ^Churchwardens  and  Veflrymen  of  the  Parilh  of  Chrijl  Churchy  toge- 
ther with  John  Fcnveille,  KdivJ/rd  Bryan,  and  Cbrificpher  Gregory  Hohbs,  were  ap- 
pointed CoinniiiTionirs,  in  the  Room,  flace,  and  ^tead  of  William  Wilfon,  Adam 
Micre,  an.i  George  RobertSy  deccafcd,  CommifTioners,  appointed  by  one  other 
\cl  oi  Alfembly,  palfcd  at  Edenton  the  Fourth  Day  of  April,  in  the  Year  of 
our  Lord  One  Thoufand,  Seven  Hundred  and  Forty  One,  intituled.  An  A£f,  to 
enable  the  Commijfioners  therein  after  appointed,  to  erect  andfi'hfh  a  Church  in  New- 
bern,  in  Cravtn  Ccunty  and  Parifh,  in  the  Province  aforefaid;  and  for  the  better  re- 
gulating the  faid  To'uon,  and  other  Purpofcs  therein  mentioned: 

II.  AND  whereas  no  Provifion  is  made  in  the  fiid  A6V  of  AfTembly,  for  fup- 
plying  CommifTioners  in  the  Room  of  fuch  as  fhould  die  or  remove,  nor  any  1  ow- 
cr  given  to  th'e  fucceeding  Churchwardens  and  Veflrymen,  to  aft  agreeable  to  the 
Purpofcs  of  the  faill  Law  •,  and  Edward  Bryan,  and  Chrifiopher-Gregory  Hobbs 
being  now  dead,  and  the  Chiirch  not  compleatly  tinilhed  :    1  herefore, 

II.  B  E  it  Enabled,  by  his  Excellency  Gabriel  Johnflon,  Efq;  Governor,  by  and 
with  the  Advice  and  Confent  of  his  Majejiy's  Council,  and  the  General  Affembly  of 
this  Province,^  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame,  1  hat  the 
Churchwardens  and  Vtftrymen  of  the  Parilh  of  Chrifi-Church,  in  the  County  of 
Craven,  for  the  Time  being,  or  the  Majority  of  them,-  Ihall  have  full  Power  and 
Authority,  arid  they  are  htreby  authorized,  impowered,  and  required,  to  call  to 
Account  the  CommifTioners  appointed  by  the  faid  above-recited  Adlsof  AlTembly, 
their  Heir?,  Executors,  dnd  Adminiftn.tors,  tor  all  the  Monies  by  them  collected 
and  received  -,  or  that  fhaU  or  may  be  in  the  Hands  of  them  or  any  of  them,  for 
the  Ufe  of  the  faid  Church  ;  and  alfo  all  other  Perfon  or  Perfons  who  may  have 
any  of  the  Taid  Monies  in  their  Hands  ;  and  in  Cafe  of  Neglcdi  or  Refufal  of  any 
of  the  CommifTioners,  theif  Heirs,'  Executors,  or  Admuiiftrators,  or  any  other 
perfon  or  Perfons  as  aforefaid,  upon  Demand  of  the  faid  Churchwardens  and 
Veftrymen,  or  the  Majority  of  them,  to  account  and  pay  down  all  fuch  Sums  of 
Money,  as  are  remaining  due  and  unpaid  in  their,  or  any  of  their  Hands,  to  the 
faid  Chr    hwardens  and  Veftrymen  tor  the  Time  being,  or  the  Majority  of  them  ;■ 

tnat 


346  L      A      W      S        of       N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

■^.  D.  i-<;i.    that   then,  and  in  fuch  Cafe,  ilich  (vommiiiiontr  or  ComnrnfTiontrs,  or  other  Per- 

,'      ^ '  f^j,-,  concerned  therein,  iliali  forreit  the  Sum  of  Ten  Pounds  Froclamation  Money/ 

and  be  further  liable  to  an-  Aftion  at  the  Suit  of  the  faid  Churchwardens  and  Vef- 
trymen,  fof  all  fuch  Sums  as  Ihali-  appear  he  or  they  are  fo  in  Arrcar  :  Which  faid' 
Sum  of  Ten  Pounds  Proclamation  Money,  lliall  and  may  be  recovered  by  Adiorf 
of  Debt,  Bill,  Plaint,:  or  Iniormatioii,  in  any  Oourt  of  Record  in  this  Province  ; 
wherein  no  i'Jibign,  Proteftion,  Injunftion,  or  Wager  of  Law  Ihall  be  allowed 
or  admitted  of,  by  any  Perion  who  fliall  profccute  or  fue  for  the  fame  ;  and  fhali 
be  applyed  towards  finifliing,  compleating,-  and  building  the  faid  Church. 

IV.  AND  whereas  f;veral  of  the_ Inhabitants  of- J^/?)^/?-?;?  and  Cr^^vw Coun'*' 
ties,  have  not  paid  the  feveral  Taxes  in  Virtue  of  fcveral  A(fbs  of  AlTcmbly,  for 
and  towards  building  the  faid  Church  in  Neivbern  • 

V.  7' HERE  FORE  be  it  Enacted,  by  the  Authority  afcrefaid.  That  the 
faid. Churchwardens  and  Veitrymen,  for  the  Time  being,  or  the  Majority  of  them, 
are  hereby  directed  and  impowered  to  iffue  their  Warrant  or  Warrants,  direfted 
to  the  Sheriff  of  the  refpeftive  County,  where  any  Perfon  or  Perfons  being  in  Ar- 
rcar for  the  aforefaid  Taxes  fliall  or  may  refide,  to  levy  fo  much  Money  ofthcii' 
feveral  Goods  and  Chatties,  as  it  fliall  appear  they  or  any  of  them  are  in  Arrear  ; 
which  faid  Sheriff  fhall  account  with,  and  pay  to  the  faid  Churchwardens  or  Vef- 
tfy  men,  or  the  Majority  of  them,  all  fuch  Sums  of  Money  as  he  fhall  receive  by 
Virtue  of  this  Acfi. 

VI.  AND  he  it  En-acted,  hy  the  Authority  cforefaid.  That  the  Claufe  in  the 
before-recited  Aft,  appointing  Commiffioners  as  herein  before-mentioned,  be  and 
is  hereby  repealed. 


C  H  A  P.     X. 

jin  Acl^  to  impower  the  fujllces  of  Johnilon  Coimty,    to  divide   the  fatne 
info  DiJh^iBs,    and  to  appoint  Co j?imiJJioncrs  for  the  Roads. 

Prirate.  J-  T'^T'PIEREASbyan  A61  of  the  General  AfTembly  of  this  Province,  pafTed 

V  V  ^^c  Neivhern,  on  the  Twenty  Eight  Day  of  June,  in  the  Year  of  our 
Lord  One  Tiioufand  Seven  Hundred  and  Forty  Six,  intituled,  An  Act  for  erect- 
ing the  upper  Part  of  Cx^'v^n£cunty  into  a  County  and  Parifj,  and  for.  appointing 
a  Place  for  btdfding  a  Court-houfe,-  Prifon,  and  Stocks  in  the  faid  County  ;  the 
County  of  Crai-en  was  divided,  and  die  upper  Part  of  the  fame  ertcfed  into  a 
County  and  Parifli,  by  the  Name  of  Jobnftou  County,  and  Parifh  of  St.  Patrick-, 
but  no  Provifion  being  made  by  the  faid  /^.d:,  for  making,  mending,  and  repair- 
ing the  Public  Roads  in  the  faid  County  : 

II.  W  M  E  R  E  F  O  R  E  we  pray  it''  may  be  EnacT:ed,  And  he  it  Enacted,  hy 
his  Ecellency  Gabriel  Jo'hnfton,  Efq-,  Gbvcrnor,  by  and  loith  the  Advice  andCon- 
fent  of  his  Maj^fly'' s  Council,  and  the  General  Affcmbly  of  this  Pro'uince,  and  it  is 
hereby  Enacted,  by  the  Authority  of  the  fame.  That  the  Jufticss  of  the  faid  Coun- 
ty, or  the  Majority  of  them,  are  hereby,  impowered  an4'.' required,  at  the  next 
Court,  to  be  held  for  the  f lid  County  after  the  Ratification  of  this  A&.,  to  divide 
the  fame  into  Diil;ri61s,  and  appoint  Commiflion' is  of  the  Roads. 

III.  A  N  D  be  it  further  Enacted,  by  the  yluthoritj  aforefaid.  That  the  Com- 
mifTioners  fo  appointed,  fliall  be  invefled  with  the  fame  Powers  and  Authorities^ 
tvhich  are  given  to  the  Commiirioncrs  by  an  Ad',  intituled,  An  Act  for  ijnpcwer^ 
ing  the  feveral  Commiffioners- therein  after  named,,  to   make,  mend,  and   repair  all 

Roads  ^ 


L    A    IV    S      of     North -Carol  IN  A.  347 

'Uoadsy  SrJges,  Cuts^  andlVc.ier-Ccv.rfes^  c-inady  laid  cut^  or  hereafler  to  be  laid  r^-  ^  '75'.' 
ff«/,  in  the  fever al  Counties  and  Dijlricts  therein  after  appointed^  in  fuch  Manner  ^^"v — -^-^ 
as  they  faall  judge  moji  ufeful  to  the  Public. 

. n^  -^^ 

C  H  A  P.     XI. 

An  A51,   to  invejl   the  'Property  of  a  Bridge  tn  John  Peacock,  j6zV  Hdr^ 
and  yii/ignes^     (by  bun  already  built  over  Coiltentney  Creek)  for   the  ■ 
Tern;  of  'Tvjenty  Five  Tears. 

l.'W  THEREASa  Bridge  over  Great  Contentney  Creek,  on  the  main  Road,  Prirac. 

YY  !<-aJing  from  Johnjlon  County  ioEdgcombCox^ntyfi^  much  for  the  Con- 
veniciicy  ot  Travellers  ;  and  Sajnuel  Peacock  having  already  built  one  on  his  own 
Land,  at  his  own  Expence,  where  the  main  Road  croiilth  the  Creek,  and  petition- 
ing to  be  allowed  the  Privilege  of  taking  and  receiving  trom  Travellers,  the  u- 
fual  Rates  they  were  accuftomed  to  pay,  when  he  kept  a  Ferry  there  j  and  to  be 
inverted  jWith  the  foie  i^toperty  of  the  faid,  Bridge,  for  the  Space  of  Twenty  Fi-^' 
Years:   '"'  .,..•... 

II.  W  E  pray  it  may  be  Enaded,^  And  be  it  Enabled,  by  his  Excellency  Gabriel 
Johnfbon,  Efq;  Governor^  by  and  wjth  the  Advice  and  Ccnfent  of  his  Majefly's 
Coiinal,  and  the  General  Affembly  of  this  Province^  and  by  the  Authority  of  the 
the  famcy.  That  it  Ihall  and  may  be  lawful  for  the  faid  Samuel  Peacock^  his  Heirs 
or  Afiignes,  to  keep  a  fufficient  Gate  on  the  Bridge  built  by  him,  on  Great  Cm-  ' 
ientney  Creek,  where  the  Road  now  croffcth  the  f.ad  Creek,  leading  from  Johnfin^  ■ 
County  to  Edgcomb CQUXit'j ^  and  take  and  receive  from  all  Perfons  that  Ihall  pafs 
over  the  fame,  the  following  Rates  j  that  is  to  fay,. 

FOR  every  Man   and  Horfe, , Four  Pence. 

FOR  every  Carriage,  drawn  by  One  or  Two  Horfes  or  Oxen,  One  Shilling. 
.AND  for  e  Very  Horf',  Mare,  or  Ox,  Four  I-'ence  each.        >     . 
.;AN  D  for  every  Head  of  Neat  Cattle,  One  Penny. ,  , 

AND  -ibr,  every  Twenty  Hogs  or  Sheep,  One  Shilling. 


AND  fo  in  Proportion  for  a  greater,  or  lefler  Number  of  Hogs  or  Sheep; 
for  and  during  the  Space  ot  Twenty  Five  Years,  and  no  longer. 

III.  ^JVD  be  it  further  Enacted^  Th^t  during  the  Time  the  Bridge  fhall  be 
kept  in  Repair,  and  fit  for  Travellers  and  Carnages.to  pafs  and  repafs  the  fame, 
it  ihall  not  be  lawful  for  any  Perfon  whatfoever,  to  keep  any  Ferry,  build  any 
Briogc,  or  fet  any  1\  rfon  or  Perfons,  Carriage,  or  Carriages,  Cattle,  Hogs,  or 
Sheep,  over  the  faid  Cretk,  forFee  orReward,  within  fix  Miles  of  the  fame,  durino- 
the  Time  aforefaie.-,  under  the  Penalty  of  Twenty  Shillings  Proclamation  Moneys 
for  each  and  e/ery  Cffence,  to  be  recovered  by  the  faid  Samuel  Peacock^  his  Heirs,' 
Executors,  Adminii^rators,  or  Affignts,  before  any  Magiftrate  of  the  County ; 
to  be  applied  to  the  Ufc  of  the  Proprietor  of  the  Bridge  built  by  the  faid  Samuel 
Peacock  •,  and  during  the  faid  Time,  the  Right  and  Property  or  the  faid  Bridge, 
is  hereby  invcfted  in  the  faid  Samuel  Peacock,  his  Heirs,  Executors,  Adminiftrators, 
br  AfliKnes, 


GJ  H  A  P» 


348  L     AW    S      cf     North-Carolina. 

■  - — '         — — — ■ '  1. 

A.  D     1751. 

"^-"v"-^  CHAP,     XII. 

An  A£ij  for  building  a  Church  in   "Wilmington,  in  St.    James'^  Farifty^ 
in  New-Hanover  County. 

Prirate,  J.  -^-^7  HERE  AS   the  CKurch    of  St.  James's   Parifh,    m  New-Hanover 

y  Y  County,  is  by  J-.aw  appointed  to  be  buiit  in  the  Town  oi  fVilmingtcn  : 
And  whereas  many  well-diipofed  Fctfohs  have  lubfcribed  Hbtrally  thereto,  and  a 
fafthtf  Sum  is  yet  neceflary  to  carry  on  and  compleat  thfc  lame  :  Vv'hertforc, 

II.  W  E  pray  it  may  be  Enaded,  Jrtd  be  it  Enci£Jed,  by  his  Excellency 
Gabriel  Johnfton,  Efq\  Governor.,  by  and  with  the  Jdvice  and  Confent  of  his  Ma- 
jejiy's  Council^  and  the  General  Ajjembly  of  this  Prcviiice,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame ^  That  a  Tax  oi'  One  ShilUng  and  Four  Pence,  Pro- 
clamation Mon^y,  be- laid  on  all  the  Taxables  of  the  faid  i^arifh  of  St.  Jameses, 
for  the  Space  of  Three  Years  trcm  the  Ratification  htrtol  •,  to  be  co]!i(51;td 
Yearly,  and  every  Year,  as  altothtr  Taxes  uilially  are,  by  the  Sheriff  of  Ncw- 
Hanofver  County ;  and  to  be  Uy  him  accounted  tor,  and  paid  Yearly,  to  the  Coni- 
mi/Tioners  in  this  Act  hereafter  appointed,  or  the  Majority  at  them. 

JII.  AND  to  encourage  a  further  and  large  r  Subfcription,  for  compleating 
the  faid  Church  in  a  decent  Manner  -,  B  E  it  EnaSled^  by  the  Authority  aforefaid.^ 
That  every  Subfcriber  fliall  have  a  proptr  i-lace  in  the.  faid  Church,  to  build  a 
Scat  or  Pew  upon,  in  Proportion  to  his  Subfcription,  as  the  Comm.ifiioners  or  the 
Majority  of  them  may  determine;  which  i  icce  or  Parcel  of  Ground  fo  adjufted 
and  fct  off,  fhall  be  an  Eftate  of  Inheritance  to  fuch  Perfon  or  Ptrfons,  his  or 
their  Heirs  or  Affigns,  for  ever-,  fuch  Prrfon  or  Perfons  building,  or  caufing  to 
be  biiilt,  fuch  Seat  or  Pew,  ascthe  Commiiliontrs  may  judge  proper  and  regular, 
fo  as  the  fume  be  fct  up  and  finifhcd  within  fix  Moiiths  alter  compleating  the  faid 
Church. 

IV.  AND  be  itKna^ed.,  h  the  Authority  afcrefrid.  That  the  CommifTi- 
oners  hereafter  mentioned,  or  the  Majority  of  thtm,  fhaii  have  it  in  their  Power 
to  fet  off  to  fuch  i'erfonR^nd  their  Families,  Inhabitants  of  St.  James's  Parifii, 
fuch  Places  for  erefting  Seats,  and  under  fuch  Regulations,  as  th:ry,  or  the  Majori- 
ty of  them,  may  judge  rntifl;  proper. 

V.  AND  that  the  (liid  Church  may  be  carried  on  and  finifned  in  the  heft  and 
neateft  Manner,-  and  with  ail  pfoptf  CEconomy -,  Be  :t  Ena^ed^  by  the  Autho- 
rity afcrefaid.,  That  all  the  Members  of  his  Majcfty's  Council,  Sair.uel  Swann,  Jo- ' 
fefh.Blake.,  IViUiam  FariSy  John  Sam ff on.,  Lewis  D'RoJfei.,  and  John  Afh,  Efqrs. 
be  appointed  Commiflioners  i  and  they,  or  the  Majority  of  them,  refident  in  tbe 
faid  i^arifh,  fhall  have  and  maintain  an  Aftion  in  any  Court  of  Record  in-  this 
Province,  againft  any  Subfcriber  neglecting  or  relufing,  after  Demand  made,  to 
payxh^  ivloney  -by  him  or  htr  lubfcribed  to  and  tor  building  the  faid  Church: 
And  xhi  Comnhifiioners  or  the 'Majority  of  them  as  afonfaid,  arc  hereby  impow- 
c red  to  'fix  Upon  a  proper  i'lan'  for  the  faid  Church,  and  to  agree  with  Artificers, 
purchafc  and-  get  tlve  Materials  together  convenient  lor  the  Btiilding,  with  ail  that 
may  be  neceffary  for  Compleating  tlie  fame. 

VL  A  N  D  whereas  a  Piece  or  Parcel  of  Land  ii  already  allotted,  and  made 
Qvtvhy  Michael  Hi'^gins^^st  that  T\mt  one  of  the  Proprietors  of  the  afcrrfaid 
Tov/n  of  PVtlmington,  for  tlie  buiiding  a  Church  and  Church-Yard,  the  whole 
containing  only  Half  an  Acre,  which  being  toofmall  for  anf^'ering  both  Purpofes  : 
Be  it  Enatled.,  by  the  Authority  aforefaid.,  That  the  faid  Commiflloners  fhall  be 
at  Liberty,  and  th?y  are  hereby  im  powered,  tomaksUfeof  Thirty  Feet  of  Mar- 
ket- 


LAWS        cf       N  O  R  T  H  -  C  A   R  O  L  I  N  A.  349 

ket-ocrcct,  tor  cnc  Front  ot  th j  faia  Cliurch  to  be  Icaicd  upon,  if  they  judge  neceffary.    ^  ^'  '.''!';^ 

VII.  AND  for  enlarging  the  Church- Yard, P^  //  Enafitd,  by  the  Authority  afore- 
Jai'd,  That  the  Commillioaers  before- mentioned,  fhaJl  he  and  they  are  hereby  im- 
posyered,  to  purchafe  fuch  other  Parcels  ot  Ground  adjoining  to  the  laid  Half 
Acre,  as  they  may  judge  convenient,  for  the  Ufc  ot  the  Church  and  Church- Yard. 

VII.  A  N  D  he  it  further  Ena5led^  by  the  Authority  aftrefaid.  That  if  any 
Sublcribcr  ihall  die  pofilfled  of  a  Seat  in  the  fiid  Church,  and  no  Heir  or  Afllo-ti 
of  any  (ueh  Subfcribtr  or  Subfcribtrs,  lb  dying  policircd  as  aforefaid,  Hiall  claim 
the  fame  within  three  Years  aitei  the  Death  of  fuch  Subferiber  the  Churchwardens 
for  the  Time  bting,  are  her;  by  impowtrcd  to  difpofe  of  the  fame,  for  the  Benefit 
of  the  faid  ij'arifh  j    any  Thing  in  this  A6\:  to  the  contrary,  notwithftanding.  "T    " 

IX.  AND  be  it  further  EnaEled^  by  the  Authority  afore faid^  That  the  Com- 
ipilTioners  fhall  Yearly^  on  every  Ecfier-Mondoy^  if  required,  produce  a  fair  State  -     ■ 

of  their  Accounts,    with'  the  Vouchers,   to  the  Vtllry  and  Churchwardens  of  the 
fiid  jt^ariili  of  Sc.  James's^  for  the  Time  being. 


X.  AND  whereas  the  Commi/Tioners  of  the  Town  of  IVilmington^  with  fe- 
veraiof  the  inhabitants,  \\.ivti  fitted  up  a  decent  Place  for  public  V\  orfhip,  in  a 
convcni'jnt  Part  of  the  Court  or  Town-Houfe,  Be  it  Enabied,  by  the  .iuthoritv  a- 
forefiid.  That  the  fame  Ihall  be  continued  as  a  Place  fitted  for  the  public  Wor"(hip 
of  yilmighty  God,  withoui:  any  Interruption,  Lett,  or  PJindrance  of  the  Sheriff 
or  Comniifnon;  rs  ut  the  laid  1  own,  or  any  other  Perlbn  whatfotver,  untill  fuch 
1  ime  as  the  Church  of  the  Parifli  is  tinifhed,  fo  as  thf  re  be  fufiicient  Room  re- 
maining tor  the  Courts  ot  Aflizc,  the  County  and  other  Courts  to  be  held  therein. 

XI.  AND  that  the  T.id  Houfe  mny  be  kfpt  in  a  cleanly  and  decent  Manner 
Bi  it  Enabiedt  by  the  Authcnty  afcrefmd^  That  the  CommiiTionirs  of  the  fiiid 
Town  lor  the  Time  being,  be,  and  they  are  hereby  impowertd,  to  agree  with  and 
P^y  a  pr jper  Perlbn  und^rtuking  the  fame,  a  Sum  not  exceeding  Pive  Pounds 
Proclamcttion  Money,  ptr  Anr.um^  for  the  keeping  the  faid  Houfe  fwt-pt  and  clean 
op-ning  and  fhutting  the  Doors  and  Windows,  ringing  of  the  Bell,  and  other 
n^icffary  Att-ridance  on  all  public  Occafions,  to  be  defrayed  out  of  the  faid  Tax  of 
the  f-id  Towrt 

XII.  AND  he  it  Enacted^  by  the  Authority  aforefaid.  That  no  Pei-fori  or  Per- 
fons  Hiaji  be  allowed  to  hold  any  public  Meetings,  lor  Diverfions  of  any  Kind,  in 
the  faid  Court  or  Town-lioule,  by  Allowance  of  any  Commiffioner,  Sheriff,  or 
any  other  Ofticer  whutfoevcr,  untill  the  fiid  Church  lliall  be  finilhed  ;  under  the 
Penalty  of  Ten  Pounds,  Proclamation  Money  ;  one  Half  for  the  Ufe  of  the  Pa- 
rilh,  the  oth.rHalt  to  hini  or  them  that  will  fue  for  the  fame,  in  any  Court  of 
Record  in  this  Province  •,  wherein  no  Efibign,  Protcftion,  or  Wager  of  Law 
fliali  be  allowed  or  admitted  of. 


C  H  A  P.     XIII. 

jtin  A5i^  to  appoint  Commijfioners  to  receive^  coUc6f,  and  apply  Subfcriptiom 
towards  buildiii%  oj  a  Church  in  the  Town  of  Brunfwick,  in  St.  Philip'.v 
Parijh^  and  for  other  Lfes  therein  ir,e7ititned. 


WHEREAS  ftveral  wcll-difpofed  Perfons,  are   inclined   to   fubfcribc  P.Witr' 
and  contribute  fcvtral  Sums  ot  Money,   tov/ards  building  a  Church  in 


Ijjq  L    aw.    S,.  ^of  ^  ,N  o.R.T.K  -  Ca  r.o  L  I  n  a. 

^-  ^-  1751-    the  Town  ot  Brun/ivkk^  in  the  i-'arilli  qi  St.  J'liUpy  and  County  of  Ncw-Hattoy^- 
"V" — '  ver :  For  the  more  efffctud  coliefting  and  applying  the  faid  Sublcriptions, 

ll/,- W  E  pray  it  ^ay-be  Enadkdv>yvV/J  l^e  it  Enacted,  hy  bis  Excellency  Gi\- 
feriel  Jphnftonj  Efq;  Gavernery  by  and  i^i-th  the  Advice  and  Confent  of  bis  Majefifs 
Council^,  and  the  Qc\i&rql  /iffemhly  of  (his  Frovmcc^  and  it  is  hereby  Knac-- 
ted,  by  the  Authority  of  the  fame.  That  the  Honourable  Mattheiv  Ro-wan,  and 
J&mes  llafe.ll^  Klq.r;5.  John  Ruffel;  -,  aii,d  Williarn  Dry,  Efqrs.'  Richard  ^iju'cj 
^  and  John  Davis,  Gentlemen,  be,  and  are  hereby  appointed  Commifiiontrs,  with 
full  Power  and  Authority,  to  colktt  and  receive  of  and  from  all  and  every  Per- 
fpn  or  Perlbns,  contributing  to  the  Building  of  the  faid  Church,  the  feveral  Sum 
Qr  Sums  of  Money  or  other  Donations  whatfoever,  v/hich  fhall  at  any  Time  here- 
after, be  by  fuch  Perfon.or  Perlbns  fcverally  fubfcribed  and  contributed. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.   That  m  Cafe  a- 
ny  Perfonor  Perfons  fubfcribing  or  contributing   as  aforefaid,  his  or  their  Heirs, 
'■  Executors,  or  Adminiilrators,  fhall  neglect  or  retufeto  pay  to  die  faid  Commiffi- 

bners  or  the  Majority  of  them,  or  thtir  Order,  the  >um  or  Sums  byithem,  their  •^ 
Anccftors,  Teilators,  or  Inteftates,  rflpi6t:ively  fubfcribed,  given,  bequeathed, 
or  contributed  as  aforefaid  •,  it  fhall  and  may  be  lawful  to  and  for  the -faid.  Com- 
rniffioners,"  or  the  Majority  of  them,  lor  the  Time  being,  to  maintain  an  Aftion  or 
Adiohs  in  their  own  Names,  againit  fuch  Perfon  or  rerfons,  iiegle6ting  or  refu-' 
fmg  as  aforefaid,  in  a^iy  Court  v/ithia  this  Province,  wherein  the  fame,  is  cogniz- 
_^    able. 

lY.  AND  be  it  E-nafted,  by  the  Authority  aforefaid.  That  in  Cafe  of  the 
Death,  Departure  out  of  the  Parifh,  or  litfufal,  to  act  of  any  of  the  faid  Com-' 
miflioners,  it  fhall  be  lawful  tor  the  remaining  Commiffioners,  together  with  the 
Churchwardens  and  Vcftry  of  the  faid'  Parifh  tor  the  Time  being,  to  choofe  and 
appoint  another  Commiflioner,  in  the  Room  of  fuch  Com miflloner  dying,  depar-- 
ting  the  pari(h,  or  rtfufingto  a6l  as  aiorciaid  •,  and  the  Commiffioncr  fo  elefted 
and  appointed,  fhall  be  inyefted  with  all  the  Powers  and  Authorities  of  any  other 
CommilTipncr  appointed  by-  this  Aft. 

!  V.'  j^^p.  ,keit  furiher  Enaffed,  by  the  Authority  aforefaid.  That  the  feveral 
Si!i"ms  of  "Money  or  other  Donations  whatfoever,  whith  fhall  be  coileftcd  or  re- 
ceived by  Virtue  ot  this  A61,  iliall  be  applied  by  the  the  faid  Commiffioners,  or  the 
Majority  of-  them,  from  Time  to  Time,  ibr  and  tov/ards  building  a  Church  in  the 
Town  ob  .5r«,«/w;V^  aforefaid,  and  tov/ards  purchafjng  a  Glebe,  and  building  a 
MarifiOiY^DufefQr  tivr^y/ti  of  the  faid  Parifho 

VI.  j^i^D.  he  it  fmthfir  Enabled,  That  the  Commifjioncrs  appointed  or  to  be 
appointed. by.  Virtue  of  this  A6t,  fhall  account,  upon  Oath,  with  the  Veftry  of  the 
faid  Parifh,,.  on  Eafier-Menday  in  every  Year,  tor  all  the  Monies  or  other  Donati- 
ons, which  rhey  or  either  of  them  fhall  receive,  for  the  Ufe  and  Purpofes  herein- 
before-mentioned, under  the  Penalty  of  Ten  Pounds,  l^roclamatiorv  Money,  for 
each  Conrmiirioner  refiifmgor  neglefting  to  account  as  aforefaid  ;  to  be  recovered 
by  the  Churchwardens  of  the  faid  Parifh  for  the  Time  being,  for  the  Ufe  of  the 
laid  Parifh,  in  any  Court  of  Record  within  this  Province,  wherein  the  fame  is 
cosnizablco 


C  HA  P^ 


L    A  _W    S- ^  of     North-Carolina.  351 


A,  l>.    1751- 


CHAP.    XIV. 


Aft  AB,   to  appoint  a  convenient  Place  for  holding  the  County  Court  of 
Duplin,  ^nd  to  impower  the  Commijfioners  therein-named,  to  build  a  Court- 
'  Houfe^    Prifony  and  Stocks  in  the  faid  County,  and  for  mlarging  the 
'^,:Boiinds  thereof 

f;  V-jr  r  H  E  R  E  A  S,  by  an  Aft,  intituled,  A7t  Act  for  erecting  th;  upper  Part  ^'!"."' 

y  Y  ^f  New-Hanover  County  into  a  County  andParJjJj,  by  the  Name,  of  "Dn- 
i^tXm  County,  and  St.  Gabriel' j  Parijh',  and  for  appointing' a  'Fldce  fcr  building  a 
Court-Houfe,  Frifpn,  and  Stocks  in  the  faid  County;  amongft  other  Things  it 
was  Enaded,  That  the  Jufticesof  the  faid  Court^  or  the  Majority  oO^'^-'m,  at 
their  firfl:  Meeting,  fhould  nominate  arid  appoint  a  convenient  Place  within  the 
faid  County,  to  build  a  Court-Houfe,  Prifon,  and  Stocks;  which  fairi  ,iifriccs 
bring  then  unacquainted  with  the  Bounds  ot  the  faid  Cqunty,.  did,  by  Crder  of 
the  faid  Court,  appoint  a  Place  whereon  to  build  a  Court-Houfc,  1  hfon,  and 
Stocks,  which  faid  Place  on  Examination,  is  found  to  be  within  t.n  Miles  of  the 
Eaftern  Bounds  of  the  faid  County  ;  to  the  great  Incommodity  and  Dttrim.cnt  of 
the  Inhabitants  thereof  attending  the  faid  Court  :  Wherefore, 

..;';■  JTTT  .1 

•  II.  WE  pray  it  may  be  Enadted,  And  be  it  Enacted,  by  his  Exceltev.cy  Czhv\t\ 
Johnfton,  Efq^-,  Governor,  by  and  with  the  Advice  ana  Ccnfcnt  cf.h.s  lyir j rjly* s_ 
Councili  and  the  General  Affembly  oj  the  faid  Province^  and  by  the  yiuihonty  of  the. 
fame.  That  the  Court-Houfe,  Prifon,  and  Stocks  for  the  faid  County  of  i}«^//'% 
fiiall  be  fixed  as  near  the  Center  of  the  faid  County  as  coba''.  nitntiy  can  be  ;  and 
that  Mr.  Arthur  Blackman,  Mr.  Anthony  JViliianis,  Mr  J'ViI/:am  M'-G.  e,  Mr.  John 
Brock,  of  Duplin  County,  and  Mr.  PFilliam  Mills,  ot  Onf.w  Couiicy,  or  the 
Majority  of  them,  are  hereby  appointed  upon  their  Oaths,  to.rix\  the  nioft  com 
venicnt  and  central  Place  in  the  faid  County,  to  build  the  faid  Court-Houft,  rri- 
fon,  and  Stocks  on ;  and  their  Proceedings  thtreon  return  to  ^e  next  County 
Court,  after  they  or  the  Majority  of  them  fhall  agree  on  the  fame. 

•;,7^  :-!  V.' 

III.  ANT)  belt  further  Enacted,  by  the  Authority  af or efaid,  TfjatMr.  George 
Mears,  Mr.  fVilliam  Houflon,  and  Mr.  Jofepb  t^^ilhams,  bf,  and  tii<  y  are  hereby 
appointed  CommifTioners  for  eredting  and  building  the  faid  Court- Houf:?,  Prifon, 
and  Stocks  •,  and  alfo  to  contract  and  agree  with  VVorkmeri  to  build  the  fanic,  of 
fuch  Dimenfions  as  fhall  be  agreed  on  by  the  County  Court. 

IV.  AND  for  defraying  the  Expence  thereof,  Be  it-Enacted,  by  the  Authority 
af  or  efaid.  That  fo  much  of  the  Tax  laid  upon  the  Inhabitants  of  the  faid  Coun- 
ty, and  already  collefted,  as  well  as  what  hereafter  may  be  colktled,  for  and  to- 
wards building  the  Court-Houfe,  Prifon,  and  Stocks,  fnall  be  by  the  ShtrifF  of 
the  faid  County,  accounted  for  and  paid  unto  the  afore-mentioned  Commifijoners. 
and  be  by  them  applyed  for  and  towards  building  the  Court-Houfe^  Prifon,  and 
Stocks,  in  this  Aft  mentioned  to  be  built. 

V.  AN  D  be  it  Enacted,  by  the  Authority  af  or  efaid.  That  the  Claufc  in  the  be- 
fore-recited Aft,  lo  far  as  relates  to  the  appointing  a  Place  for  building  a  Court- 
Houfe,  Prifon,  and  Stocks,  and  building  the  fame, ,  be  and  is  hereby  repealed, 
and  made  void",  to  all  Intents,  Purpofcs,  and  Conilruftions,  as  if  the  fame  had 
flevtfr  been  made.  .  .n^^in  '-V  r-:r'.'.b  *:  ^    :  7.^  .V  -.[i  v  i  7  cr;:^?!  ^ 

.t,' AND  whereas  tl;e  .dividing  Line  between  New-Hanover  County  and  Duplin, 
i«  circumfcribed  by  Co-hcry,  by  which  Means  a  long  narrow  Stripe  of  Land,  be- 
tween the  faid  Qo-hery  and  Black-River,  ftill  remains  in  Ntvo-Uanover  Countv^- 

U  4  ■which' 


^§2  L      A      TV      S         o/'        N  O  R  T  H  -  C  A    R  O  L  I  N  A. 

^  D.  i7ir.  which  renders  it  very  inccnvtnicnt  to  the  Inhabitants  dwelling  thereon,  to  attend 
'^  V — — '  the  Courts  at  IVilmmg^ton,  by  Reafon  of  its  great  Diftance  thcrelrom  -,  Be  it  there- 
fore Enacted,  by  the  Authority  aforefaid.  That  the  Line  between  the  faid  Counties 
ihali  be  continued  from  the  Place  where  Co-hery  arid  the  Six  Runs  m'ctt,  by  a  Weft 
Courfe,  until  the  lame  Itrikes  Black- River,  and  from  thence  the  County  of  Duplin 
Ihall  be  bounded  by  iJ/^ci-Zirj^r,  up  to  the  Mouth  of  i^/^r^-A^V/^r?  Creek,  thence 
up  the  faid  Creek  to  the  Bounds  of  the  faid  County  •,  any  Thing  in  the  Ad'  for  erec- 
ting the  upper  Part  of  New-Ha)iover  County  into  a  County  and  PariHi,  by  the 
-,r,:.':  Name  of  Duplin  County,  and  St.  Gabriel's  V^nih,  for  the  appointing  a  Place  for 
building  a  Court -Houfe>  Prifon,  and  Stocks  in  the  faid  County,  concerning  th^ 
Bounds  of  the  faid  County,  to  the  contrary,  notwitftanding. 


CHAP,    XV. 

An  Act,  to  imponver  the  Court  of  Bladen  County,  to  lay  out  certain  Dif- 
trtSlsin  the  Places  therein-mentiojied,  and  to  appoint  Conimijioners  of  the 
Roads  for  the  fame. 

Private,  I.  X  T  T  H  E  R  E  A  S  by  an  A6f,  intituled.  An  Act,  for  impcwsring  the  feveral 

YY  Ccmmiffioners  herein  ofter-nanud.,  to  hiake,  mend,  and  repair  all  Roads, 
Bridges,  Cuts^  and  IVater-coHrfes,  already  laid  cut,  or  hereafter  to  be  laid  out,  in 
the  feveral  Counties  and  Diftricts  herein  after-appointed,  in  fuch  Manner,  as  they 
judge  mofi  ufeful  to  the  Public,  no  Cohnmiffioners  were  appointed  for  the  South- 
IVeJl  Side  of  the  North-lVeft  Branch  of  Cape-Fear  River,  above  Bartram's  Ferry, 
near  Rock-fiflj  Creek  m  Bladen  County,  and  from  Douglafis  Creek  upwards,  on 
the  North-Eaji  Side  of  the  faid  River ;  whereby  the  Inhabitants  of  thofe  Parts  of 
the  County,  have  not  been  able  to  obtain  a  Road  to  pafs  and  repafs  to  and  from 
the  County  Court,  and  about  their  lawful  Bufinefs,  to  the  great  Damage  of  the 
faid  Inhabitants  ;    Therefore,  - 

II.  W  E  pray  that  it  may  be  Enaftsd,  And  be  it  Enacted,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor,  by  and  ivith  the  Advice  and  Confent  of  his  Ma- 
jejiy's  Council,  and  the  General  Ajfernbly  of  this  Province,  and  by  the  Authority  of 
the  fame.  That  the  Juflices  of  Bladen  "Counry,  at  their  next  Court  to  be  held  for 
the  faid  County  after  the  palimg  of  this  Aft,  fliall,  and  they  are  hereby  impower- 
cd,  to  lay  out  Diftrids  in  the  Places  before-mentioned,  and  to  appoint  Commifli- 
oners  for  the  fame ;  and  the  Commifiloners  fo  appointed  are  hereby  invefted  with 
all  the  Powers  and  Authorities,  and  fubjefted  to  all  the  Duties  and  Penalties,  as 
any  other  Commrffioners  have  or  ought  to  have,  or  are  fubje<St  to,  in  and  by  the 
before-recited  Aft, 


CHAP.     XVI. 

A?i  AB,  to  amend  an  A5l,  intituled.  An"  Ad,  for  cf^ablifliing  the  Church, 
for  appointing  PariOies,  and  the  Method  of  eledrng  Veftries,  and  for 
direiSing  the  Settlement  of  Pari (h  Accompts  throughout  the  Province. 

J.  -T  "jr  T  H  E  R  E  A  S  the  Method  of  electing  Veftrymen,  as  prefcribed  by  atl 
W  ^^-^  intituled,  An  Act,  for  efiablijhing  the  Church,  for  appointing  Pa- 
rifhes,  and  the  Method  ef  electing  Fefries,-  and  for  directing  ^  the  Settlement  of  Pa- 
rifh  Accompts  throughout  this  Government,  hath  been  found  inconvenient  and  detri- 
mental to  the  feveral  Parilhcs  within  this  Province  ;  therefore  for  the  better  RegU- 
liition  of  fuch  Ele<5tions  for  the  Future,  . 

IT„  WE 


L    A     fV    S      of     North-Carolina.  35' 


./.    V. 


II.  W  E  pray  it  may  be  Enafted,  ylnd  be  it  Enacted,   by  bis  Excellency  Gabriel  *■ v" 

Johnfton,  Z''/^-,  Governor,  by  and  with  the  Advice  and  Cunfent  of  his  Majejly's 
Council,  and  the  General  Aj[cmbly  of  this  Province,  and   it  is  hereby  Enaced,  by 

the  Authority  of  the  fame,  'i  hat  irt  every  Elcdtion  of  Veftrymen  hereatter  to  be 
made  in  every  Panfti  within  tliis  Province,  the  Poll  lliall  be  taken  by  Ballot,  by 
the  Sh.rifF  of  the  County,  or  his  Deputy,  in  the  fame  Manner  as  the  Poll  for  c- 
leding  Members  of  Aflembly,  is  and  ought  by  Lav/  to  be  taken  ;  any  Law, 
Ufage,  or  Cuilom,  to  the  contrary,  notwithilanding. 

III.  A  N D  be  it  further  Enacted,  ky  the  Authority  a forefdid.  That  it  fliall  and 
may  be  lawful,  at  every  iili.wtibn  ot  Veftrymen  as  aforciaid,'  for  every  Perfon  qua- 
lified by  Law  to  vote  or  ballot  for  a  Memlier  of  Aflembly  for  the  County,  in 
which  he  fefides,  and  for  nd  othvf  Perfoii  whatfoever  to  vote  as  aforefaid,  for 
Veftrymen  for  his  Parilh  refpeftively. 

IV.  A  N  D  be  it  further  Enacted^  by  the  Authority  hforefaid.  That  no  Perfon 
whatfoever,  but  fuch  as  is  qualified  by  Law,  to  be  cho'len  a  Member  of  the  Ge- 
neral AiTembly  for  a  County  of  this  Province,  ihal!  be  cltofen'  a  Veftryman  for  the 
Parifh  in  which  he  refides. 

V.  ANB  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Elec- 
tors of  Veftrymen,  and  the  Candidates  for  Veftrymen,  and  the  Sheriff"  or  hi* 
Deputy,  taking  the  Poll  for  Veftrymen,  and  each  and  every  of  them,  fhall  and 
are  hereby  impowcred  and  required  to  proceed  by  the  fame  Rules,  and  Ihall  be 
fubjed  to  the  fame  Duties,  and  to  the  fame  Penalties,  as  in  like  Cafes  they  and 
each  of  them  are  by  Law  fubjedt  to,  in  eieding  or  being  eledted  Merhbers  of  Af- 
fembly,  or  in  taking  the  Poll  for  the  faid  Members. 

VI.  PROVIDED  that  nothing  in  this  Adt  fliall  be  conftrued  to  debar  the 
Members  of  his  Majefty's  Council,  or  any  of  them,  Irom  cleding  or  being  elec- 
ted Veftrymen  for  the  Parilh  i'n  which  thty  refide. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every 
Claufe  of  the  before-recited  Aft,  which  is  hereby  altered,  and  comes  within  the 
PerView  of  this  Ad,  be,  and  is  hereby  repealed  and  declared  null  and  void. 

SIGNED   by 

Gabriel  Johnston,  Efq-,  Governor. 

Matthew  Rowan,    PrefidenL 

Samuel  Swann,    Speakea'. 


'51. 


>.\  .\\ 


-3    •; 


hi-: 


-.01 


t7iij  'iUi  iU'tii''('i>^^  •    «>  n.jtOi>^ 


Li;..     .-,    i- 

5(1     !••.:;.    bfi:.    . 


>    ?\V<ti:\ 


:  SUM  A<i 


LAWS    o/'  North-Carolina.  355 


A   D.     I 


7S»- 


Anno  Regni 

GE  O  R  GII   IL 

Regis,   Magn^e  Britanni£,  Franci^y  &: 
Hihernia,   Viceffimo  Quinto. 


At  a  General  ASSEMBLY^  held  at  i?^/^-Towii,  the  J^////-^^ 
Thirty  Firft:  Day  of  March,  in  the  Year  of  our  Lord  One  Ef«Gove,„o,.' 
Thouiand  Seven  Hundred  and  Fifty  Two.^ 


C  H  A  P.    I. 

./^«  ^^^,  for  licefiftng  "traders.  Pedlars,  and  Petty  Chapmen,  and  granting 
to  his  Majejiy^n  Impoft  or  Duty  on  Goods ,  Wares ^  and  Merchandize^ 
to  raife  Supplies  for  defraying  the  necejfary  Charges  of  Government. 

I.  x-TTHEREAS  there  are  a  great  many  Pedlars^  Petty  Chapmen,  and  P"'^*'""^' 

VV  ^ther  trading  Perfons,  who  fell  and  difpofe  of  Goods,  Wares,  and 
Merchandize  within  this  Go/ernment,  who  pay  no  Tax  towards  the  necefiary 
Support  thereof,  but  depart  out  of  the  i'rovince  fo  foon  as  they  have  fold  and 
difpofcd  of  the  fame,  whereby  the  honeft  Planters  of  the  Country  are  burthened 
with  the  Payment  of  all  Taxes  to  fupport  the  Public  Faith :  Wherefore, 

IL  W  E  pray  it  may  be  Enafted,  ArJ  be  it  Enabled,  hy  his  Excellency  Gabriel  Sbyp/di,t; 
Johnfton,  Efqi,  Governcr^  by  and  with  the  Advice  and  Ccnfent  of  his  Majeftfs  petty  chapmen^ 
Council,  and  General  JjJ'embly  of  this  Province,    That  from  and  after  the  Firft  ZtJ,'^%l,i, 
Day  of  Atigufi   next,  alter   the   pa/Ting  of  this   A^t,    every  Trader,  Pedlar,  or  j-^to^this  P:o. 
Petty  Chapman,  keeping  of  a  Shop  or  Store  in  any  County  within  this  Province,  ' "''• 
or  carrying  Goods,  Wares,  or  Merchandize,  either  by  Watsf  in  Vefiels,  Pettia- 
guas,  or  Boats,  or  by  Land,  in  Waggons,  Carts,  or  other  Carriages,  or  on  Horfcs, 
to  offer  for  Sale,  or  difpofe   of  fuch  Goods,    Wares,    and  Merchandize,  (ex- 
cept fuch  Traders  who  have  been  fettled  in  fome  Town  of  this  Province   for  the 
Term  of  Seven  Years,  or  hath  a  Wife  or  Children,  and  hath  been  fettled  in  the 
Province  for  the   Term    of  fhree   Years,  or  whofe  Family  confifts  of  Twenty 
Taxable?,  Traders,  or  Merchants,,  who  import  Goods,  Wares,  or  Merchandize 
diredly  from  Great-Britain)  (hall  be  liable  to,  and  conform  him,  her,  or  them- 
ielves  to  the  Rules  and  Regulations  herein  after- mentioned  ;  that  is  to  fay,  every 

X  4  Trader 


356  Zy^/^  (So/'  North-Carolina. 

A  D.  I75Z.  Xrader  or  Malttr  of  any  Veffel  ufing  Trade,  Pedlars,  or  Petty  Chapmen,  bring- 
V"  ing  Goods,  Wares,  or  Merchandize,  either  by  Water  or  Land,  into  this  Pro- 
vince, to  offer  for  Sale,'  in  Order  to  difpofe  thereof,  within  Two  Days  alter  his  Ar- 
rival, or  the  Arrival  of  fuch  Goods,  Wares,  and  Merchandize,  before  he  difpofes 
of  any  fuch  Goods,  Wares,  and  Merchandize,  fhall  repair  to  fome  Juftice  of  the 
Peace  living  in  the  Neighbourhood,  and  deliver  in,  upon  Oath,  to  be  taken  before 
the  faid  Juftice,  an  Account  of  the  total  Prime  Coft  of  all  fuch  Goods,  Wares, 
and  Merchandize  by  him  brought  or  imported  into  this  Government ;  and  therd- 
Dpon  the  faid  Juftice  of  the  Peace  fhall  give  unto  the  faid  Trader,  Mafter  of  a 
VefTel,  Pedlar,  or  Petty  Chapman,  a"  Certificate,  figned  by  fuch  Juftice,  certify- 
ing the  Sum  Total  of  the  Value  of  the  Goods,  Wares,  and  Merchandize  con- 
tained in  the  Account  to  him  delivered,  and  fvvorn  to  by  fuch  Trader,  Maftir  of 
a  VefTel,  Pedlar,  or  Petty  Chapmen,  diredled  to  the  Clerk  of  the  County  Court, 
who  is  hereby  authorized  and  impowered,  in  Behalf  ot  his  Excellency  the  Gover- 
nor, annually  to  m.ike  out  and  fign  a  Licence,  as  Clerk  of,  the  Court  fur  the 
faid  County  where  fuch  Licence  is  granted  ;  by  Virtue  v-^hertof  every  Irader,  or 
Mafter  of  a  Veflel,  Pedlar,  er  Petty  Chapman,  after  e:?ecuting  fuch  Bond  as  is 
herein  after- mentioned,  may  fell  and  difpofe  of  his  Goods,  Warts,  and  Mer- 
chandize, ftriftly  obfervingand  performing  the  Rules  and  Regulations  mentioned 
and  intended  by  this  A61 ;  and  it  Ihall  and  may  be  lav/ful  for  every  Juftice  of  the 
Peace,  to  take  and  receive  for  adminiftring  the  Oath,  and  granting  fuch  Certifi- 
cate as  aforcfciid,  Two  Shillings  and  Eight  Pence,  Proclamation  Money  ;  and  for 
every  Clerk  of  the  County  Court  to  take  and  receive  for  the  Governor  for  fuch 
Licence,  Twenty  Shillings,  Proclamation  Money  -,  and  the  faid  Clerk  may  take 
and  receive  to  himfelf,  for  niaking  out  fuch  Licence  and  Bond,  Five  Sliillings, 
Proclamation  Money. 

%  per  Cent.  Tiaiy  \\[,  A  N  B  hc  it  fuTlloer  EncEfed,  hy  the  Authority  aforefaid.  That  every 
&c.°"  '°°  ''  Trader  or  Mafter  of  any  Vcfiel,  ufing  Trade,  Pedlar,  or  Petty  Chapman,  not 
herein  before  excepted,  having  obtained  a  Licence  to  trade  as  aforefaid,  fhall, 
twice  in  every  Year,  anfwer  and  pay  unto  his  Majcfty,  his  Heirs,  and  SuccefTors, 
an  Impoft  or  Diaty  of  Two  per  Centum,  upon  all  Goods,  Wares,  and  Merchan- 
dize, (Salt  and  fpirittious  Liquors  excepted)  by  him,  them,  or  any  of  them  to 
be  hereafter  fold  anddifpofed  of,  as  in  and  by  this  Aft  is  direfted  afid  appointed,  to  be 
accounted  for  upon  Oath,  and  paid  into  the  Hands  of  the  feveral  Perfons  herein 
after-appointed  to  receive  the  fame,  and  to  be  paid  at  the  feveral  Times  and  Places 
herein  fpecified  ;  and  for  the  Payment  of  which,  every  Trader,  Pedlar,  or 
Petty  Chapman,  fliall  give  Security,  by  Bbnd,  with  one  or  more  fufficierir  Securi- 
ties, to  be  taken  in  his  Majefty's  Name,  for  tlte  true  Payment  of  the  faid  Impoft 
or  Duty. 

Penalty  on  Tra.  IV.  A  N  B  bc  H  furtUr  EnoSled^  hy  tie  Authority  aforefaidy  That  if  any 
tTh'ott ■  a' Lu^  Trader,  Pedlar,  or  Petty  Chapman,  from  and  after  the  Firft  Day  of  Augujl 
••ence,  next,    be   found  trading  as  aforefaid  without  a  Licence,  and  not  having  given 

Bond  as  aforefaid,  fuch  Perfon  fhall  forfeit  and  pay,  for  each  and  tvtry  fuch 
Offence,  Fifty  Pounds,  Proclamation  Money,  to  be  recovered  by  any  Perfon  that 
■  will  fue  for  the  fame,  in  the  General  Court  of  this  Province,  by  Bill,  Plaint,  or 
Information  -,  wherein  no  Effoign,  Injunftion,  or  Wager  of  Law  fhall  be  allow- 
ed or  admitted  ;  One  Half  thereof  to  the  Profecutor,  the  other  Half  to  the  Poor 
of  the  Parilh  wherein  fuch  Gft'ender  fliall  be  difcovered  :  And  that  every  Perfon 
fo  trading,  upon  Demand  made  by  any  Juftice  of  the  Peace,  SherilT,  Conftable, 
heTre'^uired.  or  any  Cuftom-houfe  Officer  v/here  he  or  flie  fliall  fo  trade,  and  fhall  refufe  to 
fhew  to  fuch  Juftice  of  the  Peace,  Sheriff,  Conftable,  or  Cuftom-boufe  Officer, 
his  or  her  Licence,  to  be  granted  as  aforefiid,  that  then  the  Perfon  fo  refufing, 
fhall  forfeit  and  pay  Fifty  Pounds,  Proclamation  Money,  to  be  recovered  as  a-' 
forefaid,  by  any  Perfon  who  will  fus  for  the  fame,  to  be  applied  as  aforefaid. 

^      ^  V.  ANJy 


Or  for  net  iTisw- 
ing  his  Lxenfe 


L    A    W  »5    O/"  No  R  T  H  -  C  A  R  O  L  I  N  A.  3  5/ 

~""  '  A.  D.     I  52. 

V.  y^  N  D  be  it  further  Enr.Hedy  by  the  Authority  aforefaid.  That  every  ^^  v-  * 
Merchant,  Trader,  or  other  Perfon,  importing  or  bringing  into  this  Province,  Gaiwudon" 
after  the  firfl:  Day  of  Augufi,  eiihtr  by  Land  or  W  attr,  trom  any  Fort  or  Place  Kum,Wme,&c. 
(Great-Britain  excepted)  any  Quanrity  of  Wine  or  diftiiled  Liquors,  exceeding     • 

two  Gallons  of  Wine,  or  two  Gallons  of  Rum,  (Sliip  Stores  excepted)  fhall  pay, 
or  caufe  to  be  paid,  to  the  feveral  and  refpe6tive  Colltftors  or  Receivers  herein  af- 
ter-appointed, the  Impoft  or  Duty  of  Four  Pence,  Proclamation  Money,  tor 
each  Gallon  of"  Wine  or  diflilled  Liquors  fo  imported. 

VI.  AND  be  it  further  Enn£fed,  That  from  and  after  the  Firft  Day  of  Au-  Sl^^yLnV.'^ 
*  gtiji  next,  every  Perfon  importing  or  bringing  into  this  Government,   any  Quan-  tcrsotsp.r.wous 

tity  of  Wine  or  diftiiled  Liquors,  over  and  above  the  Qiianiities  above-mentioned,  '**"""' 
before  fuch  Perfon  or  Pcrfons  fhall  open  or  cxpofc  any  of  the  faid  Liquors  to  Sale, 
he  or  they  fliall  report  the  fame  to  the  Perfon  or  Perlons  herein  appointed  to  re- 
ceive the  faid  ImpofV  or  Duty,  laid  on  fuch  Liquors  by  Virtue  of  this  Aft,  and 
deliver  unto  him  a  Manifelf,,  fhewing  the  Quantity  of  Gallons  of  fuch  Liquor, 
duly  fworn  to  and  attefted  by  the  faid  Importer,  bringing  in  the  fame  into  this 
'Government-,  and  fhall  give  Security,  by  Bond,  with  one  or  morefufficient  Secu- 
rities, to  betaken  in  his  Majefty's  Name,  for  the  true  Payment  of  the  faid  Impoft 
or  Duty,  within  Six  Months  after  the  Execution  of  fuch  Bond,  or  depofit  a  fuffi- 
cient  Quantity  of  fuch  Liquors  with  the  faid  Colleftor  or  Receiver,  as  will  fully 
difcharge  and  pay  the  faid  Impoft  or  Duty, 

VII.  A  ND  be  it   furthir  EnaBed,  by  the  Authority  aforefaid'.  That  the  Col-  R^ce!ver,;n  xht 
leftor  of  Currituck  County,  is  hereby  appointed  Receiver,  and    fliall  receive  the  appointed. 
Impoft  or  Duty  to  be  paid  and  received  on  all  the  Goods,  Wares,  and  Merchan- 
dize, Wine  and  diftiiled  Liquors,  to  be  imported  and  brought  into  the  faid  PorC 

or  County  •,  and  that  Mr.  WilUam  Swann,  be  and  is  hereby  appointed  Receiver 
of  the  Impoft  or  Duty  afortfaid,  in  the  County  of  Pafquotank;    and  that  Mr. 
Samuel  Swan??,  of  Pequimchs  County,  be  and  is  hereby  appointed  Receiver  of  the 
Impoft  or  Duty  aforefaFd,  in  the  County  of  Pequimons  •,  and  that  the  Colleftor  of 
Von-Roanoke^    be  and  is  hereby  appointed  Receiver  of  the  Impoft  or  Duty  afore- 
faid,  in  the  County  of  Choiaah  -,  and  that  Mr.  Edmund  Sniithwick,  be  and  is  hereby 
appointed  Receiver  of  the  Impoft  or  Duty  aforefaid  in  the  County  of  Tyrell ;  and  that 
Mr.  Thomas  fVhitmiU,  be  and  is  hereby  appointed  Receiver  of  the  Impoft  or  Du- 
ty aforefaid,  in  the  County  of  Bertie  y    and  that  Mr.  John  Edwards^  be  and  i% 
hereby  appointed  Receiver  of  the  Impoft  of  Duty  aforefaid,    in  the  County  of 
Northampton  ;  and  that  Mr.  Mountfort  Eelbeck^  be  and  is  hereby  appointed  Re- 
ceiver of  the  Impoft  or  Duty  aforefaid,  in  the  County  of  Edgcomb  ;  and  that  Mr. 
John  Thotnton,  be  and  is  hereby  appointed  Receiver  of  the  Impoft  or  Duty  afore-, 
faid,  in  the  County  of  Granville  w  and  that  Mr.  Samuel  Sinclare,   be  and  is  hereby       ^  ' 
appointed  Receiver  of  the  Impoft  or  Duty  aforefaid^    in  the  County  of  Hyde  i 
and  that  the  Collector  of  Port-Bath^  be  and  is  hereby  appointed  Receiver  of  the 
Impoft  or  Duty  aforefaid,'   in   the  County  of  Beaufort  •;  and   that   Mr.  Jeremiah 
.   Failj  be  and  is  hereby  appointed  Receiver  of  the  Impoft  or  Duty   aforefaid,  in 
the  County  of  Craven  •,  and  that  the  Colle6tor  of  Fon-Beaufort,  be  and  is  here- 
by appointed  Receiver  of  the  Impoft  or  Duty  aforefaid,  in   the  County  of  Carte- 
ret i  and  that  Mr.  Jehn  Spconer,  be  and  is  hereby  appointed  Receiver  of  the  Im- 
poft or  Duty  aforefaid,  in  Ohjlotu  County  •,  and  that  the  Collector  of  Foxi-Brimfr 
wicky  be  and  is  hereby  appointed  Receiver  of  die  Impoft  or  Duty  aforefaid,  in 
•    the  County  of  New-Hanover  ;  and  that  Mr.  Ralph  Millar^  be  and  is  hereby  ap- 
pointed Receiver  of  the  Impoft  or  Duty  aforefaid,  in  the   County  of  Bladen ; 
and  that  Mr.  Philip  TrapnalU  be  and  is  hereby  appointed  Receiver  of  the  Impoft 
or  Duty  aforefaid,  in  the  County  of  Johnfton ;  and  that  Mr.  Caleb  Hovjcll,  be 
and  is  hereby  appointed  Receiver  of  the  Impoft  or  Duty  aforefaid,  in  the  County 
of  Anfon ;  and  that  Mr.  William  Ho'ujton.,  be  and  is  hereby  appointed  Receiver  of 

the 


358 


LAWS    ^North-Carolina. 


-^'  D.    1751. 
« ^ 


the  Impoft  or  Duty  aforefiiid,  in  the  County  of  Duplin  ;  and  that  Mr.  James 
Watfon^  be  and  is  iiereby  appointed  Receiver  of  the  Impoft  or  Duty  atorefaid, 
in  the  County  of  Orange. 


fou!.'t'^a''nnuair*        ^^^^'  ^  N  D  bc  it  further  Enafied,  by  the  /Authority  aferefaidf  That  the  feveraf 

v/iththeTreafu-  ^nd  rcfpccftive  CoHedors  and  Receivers  ot  the  feveral  and  refpeftive   Ports  and 

Ir^'i.'"  &!;'/"*    Counties,  fhali,  annually,  account,  upon  Oath,  with  the  Pubhc  Treafurers  of  this 

Province,  in  their  feveral  and  refpeftive  Diftricts ;  and  for  receiving  the  aforefaid 

Impofts  or  Duties,  and  fully  accounting  for  and  paying  the  fame,  fhali  be  allowed 

Five  per  Cent. 


Juftices,  Sec. 
who   take   Tra- 
iJcrs  Accounts 

of   Cords,     to 

tranrmit  them  to 
the  Colkftbrs. 


Colleftorstogiye 
Bond. 


IX.  ANT)  be  it  further  Ena5led^  That  the  Tufticcs  of  the  Peace  in  each  and 
every  County  within  this  Government,  before  Whom  Traders,  Pedlars,  or  Petty- 
Chapmen  are  injoined  by  this  A6t  to  fwear  to  the  true  Value  of  all  their  Goods, 
Wares,  and  Merchandize  as  aforefaid,  are  required  to  tranfmit  or  deliver  to  the 
Collector  or  Receiver  of  the  faid  Impoft  or  Duty,  fuch  Account  or  Copies  there- 
of, within  ten  Days  after  fuch  Account  hath  been  fworn  to,  the  better  to  enable 
and  inform  fuch  CoUeclor  or  Rfceiver,  how  much  the  faid  Impoft  or  Duty  may 
amount  to  ;  and  alfo,  that  the  feveral  Colletlors  and  Receivers  appointed  in  the 
feveral  Ports  and  Counties  to  receive  fuch  Impoft  or  Duty,  fliall  produce  fuch 
Accounts,  or  the  Copies  by  them  received,  to  the  refpedlive  Treafurers,  with 
whom  they  fettle  their  Accounts  refpedlively. 

X.  AND  be  it  further  Ena^ed-,  by  the  Authority  aforefaid^  That  every 
Colle6lor  of  the  aforefaid  feveral  Ports,  and  every  Receiver  in  the  aforefaid  feve- 
ral Counties,  (hall,  before  he  enters  upon  the  Execution  of  his  Office,  give  Bond, 
with  fufficient  Security,  to  our  Sovereign  Lord  the  King,  in  the  Sum  of  Two 
Hundred  Pounds,  Proclamation  Money,  with  Condition,  That  he  will  honeftly^ 
faithfully,  and  juftly,  execute  the  Ofhce  of  a  Receiver  of  the  Impoft  or  Duty 
aforefaid,  and  will  fully  account  for  and  pay  all  fuch  Sum  and  Sums  of  Money 
by  him  to  be  received  and  accounted  tor :  Which  Bond  or  Bonds  to  be  given  as 
aforefaid,  fhali  be  drav/n,  taken,  and  acknowledged,  by  and  before  the  feveral 
and  refpecftive  County  Clerks  within  this  Province ;  for  which  they  fhali  be  al- 
lowed and  paid  by  fuch  Coileftor  or  Receiver,  Two,Shilling<'.  and  Eight  Pence, 
Proclamation  Money,. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  if  any  of 
the  aforefaid  Colledlors  or  Receivers,  appointed,  or  to  be  hereafter  appointed,  in 
Virtue  of  this  Ad,  die,  remove,  refufe  to  aft,  or  negledl  their  Duty,  his  Excel- 
lency the  Governor  fhali  appoint  others  in  his  or  their  Stead  and  Place  or  Places, 
who  fhali  give  Security,  in  the  like  Sum,  and  in  the  fame  Manner,  as  the  other 
Golleiflors  and  Receivers  arc  herein  required  and  diredled.- 

XII.  A  N  I>  be  it  further  E7ta5ied,  by  the  Authority  aforefaid.  That  if  any 
Magiflrate,  Colle6tor,  or  Receiver,  appointed  to  receive  the  faid  Impoft  or  Duty, 
fhali  take,  receive,  or  accept  of  any  Bribe,  Reward,  or  Recompence,  or  connive  at 
any  falfe  Account  or  Manifeft  not  duly  fworn  to  and  attefted,  as  in  and  by  this 
Ad  is  diredled,  or  knowingly  permit,  or  fuffer  any  Concealment  of  any  of  the 
aforefaid  Goods,  Wares,  and  Merchandize,  liable  to  and  chargeable  with  the 
aforefaid  Impoft  and  Duty,  fhali,  for  every  fuch  Offence,  forfeit  and  pay  Fifty 
Pounds,  Proclamation  Money  ;  to  be  recovered,  by  any  Perfon  that  will  fue  for 
the  fame,  in  the  General  Court  of  this  Province  •,  wherein  no  EfToign,  Injundion, 
or  Wager  of  Law,  fhali  be  allowed  or  admitted :  One  half  thereof  to  the  Pro- 
fecutor,  the  other  half  to  defray  the  necefTary  Charges  of  this  Government. 

Money  .rifinghY       XIII.  A  N  D  be  it  further  Enocted,  by  the  Authority  aforefaid.  That  all  and' 
by  Vi.tucof  this  (.yery  the  Sums  of  Money  arifing  by  the  Impoft  or  Duty  in  Virtue  of  this  A61:, 

fhali. 


Cnllcftorjdying, 
removing,  Ac. 
to  be  replaced  by 
the  GovejHor. 


Penalty  on  Re- 
ceivers taking 
Bribes,    or  con- 
niving at  falle 
AtcountJ. 


L  A  I'F  S    £/^North-GXr6lina,  35^ 

fball,  from  Time  to  Time,  be  applied  for  and  towards  the  neceffary  Charges  of  ^_^-  /t^Jj 
Govermi.nt,  by  the  Governor,  Council,  and  General  AlTembJy  of  this  Provinccj  how7"^"by 
and  bv  none  other  Authority  whatfoever.  «'h..m,  co  be  ap= 

'  plied. 

XV.  AN  I)  he  it  further  Enact ed^,  hy  the  Authority  aforefaid^  That  the  AdV,  ^a repealed, 
intituled,-  An  Ad.,  for  granting  to  bis  Majefiy  a  Duty  on  the  Importation  of  R::m 

and  fVine  into  Anion  County  from  South-CaroWna,  be,  and  is  hereby  repealed,  to 
all  Intents  and  Purpofcs  whatfoever,  as  if  the  fame  had  never  been  made. 

XVI.  A  N  D  be  it  further  Enacted^  That  this  Ad:  rtiall  be  and  remain  in  cont;nMan« of 
Force  for  Three  Years  only,  and  from  thence  to  the  End  of  the  next  SelFion  of  "'=  ^a. 
Aflembly,  and  no  longer. 


C  H  A  P.     IL 

An  A5f^  for  facilitating  the  Na^-cigation  of  Port-Eiih,    PorZ-Roanoke, 

and  P(?r/-Beaufort. 

I.  ■TTTTHEREx'VS  confiderable  Injuries  have  frequently  happened  to  divers  PrearaWt, 

W  Merchants  who  have  fent  tneir  Ships  and  V'clllis  to  Bath,  Edentcn^ 
and  Newbern^  by  iieafon  of  the  Badnefs  of  the  Channels  leading  to  the  iAA 
Places,  the  Infuiiiciency  and  Negligence  of  l^ilots,  the  W^nt  of  :: taking  out  the 
faid  Channels,  and  making  the  Navigation  more  e^^fy  •,  whereby  the  1  rade  of 
thofe  Parts  of  the  Province  is  greatly  impaired  :  For  Kemedy  whereof, 

II.  W  E  pray  it  may  be  Enadted,  And  be  it  Ena£ied,  by  his  Excellency  Gabriel  Commi.'nwer< 
Johnfton,  Efq;  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefifs  Ports  appo^nt-^* 
Council,  and  the  General  Affemhly  of  this  Province^  and  by  the  Authority  of  the 
fame.  That  Mr.  Michael  Couianch,  Mr.  Samuel  Smclare,  and  ivlr.  James  Calf  be, 
and  are  hereby  appointed  Commiffioners  for  Port-Bath;  the  lionourable  Francis 
Corbin,  Mr.  John  Campbell,  Mr.  Jofeph  Blount^  Mr,  James  'Trotter^  and  Mr. 
James  Turnbull,  be,  and  are  herepy  appointed  Commifiioncrs  for  Port-Roanoke  -, 
and  Mr.  John  l^Ftlliams,  Mr.  John  Clitheral,  and  Mr.  Jofeph  Bakh^  be,  and  are 
hereby  appointed  Commiffioners  io^  Port-Beaufort ;  to  contraft  with  proper  Per- 
fons,  to  examine,  from  Time  to  Time,  the  Situation  of  the  Swatch,  and  to  keep 
the  fame,  and  all  other  Channels,  leading  from  Ocaccck  Bar  to  Bath,  Edenton, 
and  Ne'-johern,  well  and  fufficiently  Staked  out,  and  to  eredl  Beacons  at  Ocacock^ 
Bcacon-Tfland,  Core-Banks,  and  all  fuch  other  Places  as  the  faid  Commiflioners 
ihall  think  moft  convenicni:  for  the  Safety  of  VefTels. 


III.  AND  he  it  further  Enacted,   by  the  Authority  aforefaid.  That  from  and  Wno  sre to mee? 
after  the  paffing  of  this  Aft,  the  faid  CommifTioners  fhall,    once  ev.ry  Year,  a^rS',''^"''"' 
meet  at  Bath-Town,  to  examine  into  the  Conduct  of  the  Perfons  by  them  em- 
ployed ;  and  to  appoint  one  or  more  of  their  Number  to  go  to  Ocacock,  to  fee 

that  the  faid  Channels  are  Staked,  and  the  Beacons  kept  up. 

IV.  A  N  D  be  it  further  Enactedy  by  the  Authority  aforefaid.  That  the  faJd  -^""^ '"  ermine 
Commiflicners,  or  the  Majority  of  them,  in  each  refpeftive  Port,  (hall  have  full  fy'n!chT"J'" 
Power  and  Authority,  to  examine  Pilots  touching  their  Qiialification,  and  upon  a^^fi^d  toths 
their  Approbation  to  grant  them  a  Certificate  or  Certificates,  to  be  produced  to 

his  Excellency  the  Governor,  in  Order  to  obtain  his  Warrant  to  pilot  VelTels  in 
all  or  any  of  the  refpedive  Ports  aforefaid  ;  and  in  Cafe  any  Pcrfon  fhall  pretend 
to  pilot  or  take  Charge  of  any  Ship  or  VefTel,  without  having  palled  an  iixami-  Pen;^ity  on  pilots 
nation  as  aforefaid,  and  obtained  a  Warrant  for  fo  doing,  he  Ihall  forfeit  and  pay,  »<^ias  >'itbo'*« 

Y  4  for 


300  L  A  IV  S    o/'  North-Carolina. 


A  D.   n^:..    f^jj-  each  and  every  Oftence,  the  Sum  of  Ten  Pounds,  Proclamation  Money  ;  to 
*■        V  be  recovered  in  any  Court  of  Record  in  this  Province,  by  Bill,  Plaint,  or  Infor- 

Wjnant?"°' '    mation  •,  one  Third  to  the  Informer,  the  other  two  Thirds  to  the  CommiffionerS;^ 
to  be  by  them  appHed  towards  the  Staking  out  the  Channels  as  aforefaid. 

Pilots Feft.  y_    AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  there  ihall 

be  allowed   and  paid  to  every  Pilot  who  ihall  take  Charge  of  any  Veffel,    the 
following  Pilotage  \  that  is  to  fay, 

FOR  every  Ship  or  Veffel,  from  the  Outfide  of  the  Bar  into  Beacon-IJland 
Road,  Two  Shillings,  Proclamation  Money,  per  Foot,  for  every  Veffel  that 
draws  Eight  Feet  Water,  or  lefs. 

AND  for  every  Veffel  that  draws  more  than  Eight  Feet  Water,  Two  Shil- 
lings and  Six  Pence,  Proclamation  Money,  per  Foot. 

AND  that  the  fame  Wages  be  allowed  to 'Pilots,  for  Pilotage  outwards,  as 
inwards. 

AND  for  every  Veffel,  from  Beacon-TJland  Road,  that  draws  Six  Feet  W^ater, 
or  kfs,  to  Bath-1'own,  Thirty  Six  Shillings,  Proclamation  Money  ;  and  for  every 
Veffel  that  draws  above  Six  Feet,  Six  Shillings,   Proclamation  Money,  per  Foot. 

AND  for  every  Veffel,  from  Beacon-TJland  Road,  that  draws  Six  Feet  W^ater,, 
cr  kfs,  to  Edenion,  Three  Pounds  Twelve  Shillings,  Proclamation  Money  ;  and 
for  every  Veffel  that  draws  above  Six  Feet,  Twelve  Shillings,  Proclamation  Mo- 
ney, per  Foot. 

AND  for  every  Veffel,  from  Beacon-IJland  Road,  that  draws  Six  Feet  Wa- 
ter, or  lefs,  to  Newbern,  Thirty  Six  Shillings,  Proclamation  Money ;  and  for 
every  Veffel  that  draws  above  Six  Feet,  Six  Shillings,  Proclamation  Money,  per 
Foot. 

Penalty  on  Pilots  ^^fj^  ^^y  Pllot,  appointed  as  IS  herein  before  mentioned,  who  fhall  demand  or 
Fees?  °''' "''  exaft  any  greater  Wages  than  is  by  this  Ad  direded  and  appointed,  lliall  forfeit 
and  pay  Ten  Pounds,  Proclamation  Money  •,  to  be  recovered,  by  Adion  of 
Debt,  Bill,  Plaint,  or  Information,  by  any  Perfon  that  will  fue  for  the  fame,  in 
any  Court  of  Record  in  this  Province ;  wherein  no  Effoign,  Imparlance,  In- 
jundion,  or  Wager  of  Law,  fhall  be  admitted  or  allowed  of:  Provided,  that 
the  faid  Suit  is  brought  or  profecuted  within  One  Year  after  fuch  Demand  or  Ex- 
adion  made,  and  not  afterwards. 

u^T^r't^TJ'hts      ^^'  ^^Dbe  it  further  Enafied,  by  the  Authority  aforefaid.   That  the  faid 

'   ^^..msdsof'the  Commiffioners,  after  the  faid  Channels  are  Beaconed,  Staked,  and  Marked  out, 

.raiciianaeis,  ^^  aforefaid,  fliall  caufe  Draughts  thereof  to  be  made,  and  fhall  alfo  publifh  the 

fame  in  the  Gazette,  with  the  feveral  Courfes  from  the  Bar,  up  to  Edenton,  Bath, 

and  Newbern,  and  the  Bearings  and  Diftances  of  all  Beacons,    or  Land-Marks, 

ereded  in  Confequence  of  this  Ad. 

VII.  A  N  T>  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  for  defray- 
ing the  neceffary  Expence  that  may  or  fhall  arife,  by  the  Execution  of  this  Ad, 
the  following  Tax  fhall  be  laid  on  all  Ships  and  Veffels  hereafter  Entering  in  the 
Ports  aforefaid,  and  that  come  over  Ocacock  Bar  -,  that  is  to  fay, 

O  N  each  Veffel  of  lefs  Burthen  than  Fifty  Tons,  Twenty  ShillTngs,  Procla- 
iriation  Money  :.  And  on  each  Veffel  of  Fifty  Tons  Burthen,  and  lefs  than  One 
Mundred  Tons,  Thirty  Shillings,  Proclamation  Money :  And  on  each  Veffel  of 
One  Hundred  Tons,  or  upwards.  Forty  Shillings,  Proclamation  Money. 

,  he  received     Which  Tax  payable  for  fuch  Veffels  as  hereafter  fliall  come  over  Ocacock  Bar,  and 
tiisCoikftois,  gj^j.^j.  the  Ports  aforefaid,  or  either  of  them,  fliall  be  received  by  the  Colledors 
of  tiie  aforefaid  refpedive  Ports. 

VIIL  AND 


L  A  W  S  of  No  R^T  h-CarolinaJ^  -jDi 

VIII.  A  N  D  be  it  further  Ena£ied,  by  the  Authority  aferefaid.  That  each  of  the  *■ v — — ^ 

laid  Colledors  herein  appointed  for  the  feveral  Forts  aforefaid,  fhall,  before  he  g^:','  '*"" '°  ^"^ 
enters  on  the  faid  Office,  give  Security,  in  the  Sum  of  Three  Kundred  Pounds, 
Proclamation  Money,  to  the  CommilTioners  herein  appointed  for  each  of  the  faid. 

Ports  refpedively,  for  the  due  Performance  of  the  'I'ruft  repofed  in  him,  and 
for  his  accounting  with,  and  paying  to  the  faid  Commiffioners,  as  often  as  re- 
quired, all  fuch  Sum  or  Sums  of  Money  as  fhall  be,  from  Time  to  Tim;-,  by 
him  received:  And  if  Either  of  the  faid  CoUeftors  fhall  refufe  to  give  fuch  Se- 
curity, //  is  hereby  Enacted^  by  the  Authority  cforefaid^  That  the  faid  Commif-  ir  ,„/  refufe 
fioners  of  that  Port  fliall  and  may  appoint  another  Receiver  or  Receivers,  in  his  Ccmm ffionrrs  w 
or  their  Place  and  Stead  •,  who  fliall  have  full  Power  and  Authority  to  receive  'pp"-"'*'"'"^' 
the  faid  Tax,  giving  fuch  Security  to  the  Commiffioners  of  the  Port  where  he  is 
fo  appointed. 

IX.  AND  he  it  further  EnoMed,  by  the  Authority  aforefaid.  That  each  Re-  Co!iea,)r\p-«'8f 
ceiver  fhall,  in  his  Port,  have  full  Power  and  Authority,  to  go  on  board  any  ^^j^™"'""^^  v-f. 
VelTcl,  in  order  to  meafure  and  afcertain  the  Burthen  of  fuch  VefTel ;  and  fnall 

likewife  have  full  Pov^r  and  Authority  to  examine,  on  Oath,  the  Mafler  of  any 
VefTel,  for  that  Purpofe. 

'K.  A  N  D  be  it  further  EnaSfed,  hy  the  Authority  aforefaid.  That  every  Col-  Coiieftor  allowed 
leftor  or  Receiver  fhall,  for  his  Trouble,  irf' receiving  and  paying  the  Tax  afore-  sp^-'C^.r. 
faid,  be  allowed  Five  perCent.  on  what  Money  he  fhall  fo  receive  and  pay  to  the 
Commiffioners  aforefaid  refpedively. 

XI.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and  CoUeflor  n.-^t  to 
after  the  paffing  of  this  Ad,  no  Colleftor  of  either  of  the  laid  Ports,  fhall  Clear  £;"ti"/rcm[l 
out  any  VefTel,   'til  the  Mafter  iTiall  have  produced  to  him  a  Certificate  from  the  fi^'^  be  produ- 
Receiver  of  the  faid  Tax,  of  his  having  paid  the  fame,  under  the  Penalty  of  mLfof^Sx, 
Twenty  Pounds,  Proclamation  Money  •,  to  be  recovered,  in  any  Court  of  Record 

within  this  Province,  by  Bill,  Plaint,  or  Information  ;  wherein  no  Effoign,  Im- 
parlance, Injun6lion,  or  Vi^ager  of  Law,  fhall  be  allowed  or  admitted,  by  any 
Perfon  who  will  fue  for  the  fame :  One  half  to  the  Profecutor,  the  other  to  the 
Commiffioners  ;  to  be  by  them  applied  to  the  Ufes  intended  by  this  Ad. 

XII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.   That  the  Ex-  Expence  of  Bea. 
pence  of  fctting  up  Beacons  at  Ocacock,  Beacon-Ifland,  and  Core-Banks,  and  the  ""^e  tfd  ^°*' 
Staking  out  the  Swatch,  fhall  be  difcharged  by  the  Commiffioners  hereby  appoint- 
ed for  the  feveral  Ports,  in  the  Proportion  following  -,  that  is  to  fay,    Phe  Com- 
miffioners for  Port-Roanoke,  fhall  pay  Two  Fifths  of  the  faid  Charge  and  Ex- 
pence  •,  and  the  Commiffioners  for  the  Port  of  Bath,  and  for  the  Port  of  Beaufort, 

fhall  pay,  jointly,  the  other  Three  Fifths  of  the  faid  Charge  and  Expence,  out 
of  the  Monies  by  them  received  -,  and  the  Expence  of  Staking  out  the  other 
Channels  leading  to  each  of  the  faid  Ports,  fhall  be  fcverally  paid  by  the  Com- 
miffioners of  each  refpcdive  Port  to  which  the  faid  Channels  lead. 

XIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  upon  the  Number 6fCo.-n. 
Death,  Removal,  or  Refufal  of  any  of  the  faid  Commiffioners  or  Receivers  to  n"ffi™crs  or  Re- 
ad, the  remaining  Commiffioners  of  each  refpcdive  Port,  fhal)  and  may  choofe  up.""" "  *  ^^^ 
and  appoint  another  Commiffioner  or  Receiver  in  the  faid  Port,  in  the  Room  of 

fuch  Commiffioner  or  Receiver  fo  dying,  removing,  or  refufing  to  ad. 

XIV.  AN  B  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Mafler  P^"^'*y. '"".  ''^'■- 
or  other  Perfon,  belonging  to  any  VefTel  trading  to  this  Government,  fhall  caft  Baliift'buoChan- 
or  throw  over  board,  into  any  Channel  within  the  faid  Ports,  any  Stones  or  other  "'^'=- 
Ballaft  whatfoever,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money, 

for 


^()2 


L  A  ('^  S    of  North-Carolina. 


A    D.    175Z. 
^^ ^ 1 

Or  ..cllrcy  ng  tht 
B  ajnns    ice. 


for  every  fuch  Offence  ;  to  be  recovered  by  A6tion  of  Debt,  Bill,  Plaint,  or  In= 
formation,  in  any  Court  of  Record  in  this  Government  -,  wherein  no  Efibign, 
Jmundtion,  or  Wager  of  Law,  fhall  be  .allowed  :  And  if  any  Perfon  or  Perlon, 
ihall  wilfully  pull  down,  remove,  or  deftroy  any  Beacon,  Stake,  or  other  Marks 
ej-efted  or  placed  in  Virtue  of  this  Ad,  he  or  they  fhall,  for  eveiy  fuch  OfFence, 
forfeit  and  pay  One  Hundred  Pounds,  1  roclamation  Money  j  to  be  recovered  by 
Adion  of  Debt,  Bill,  Plaint,  or  information,  in  the  General  Court  of  this  Pro- 
vince, by  any  Perfon  that  fhall  or  will  fue  for  the  fame :  One  half  to  the  Profe- 
cutor'  and  the  other  half  to  the  faid  Commiflioners,  to  be  applied  to  the  Ufcs 
aforcfaid. 

c^mmiiTioners  to       XV.  A  N  D  be  it  further  Enacted^  hy  the  Authority  aforefaid^  That  the  faid 

'oTm^^t  Comm'ifTioners,  as  often  as  they  are  required,  ftiall  account  witii  the  General  Af- 

fembiy,  for  fuch  Money  as  fhall  be  by  them,  from  1  ime  to  Tune,  refpedlively 

received  ;  and  fhall  have  fuch  Allowance  for  their  Expence  as  Ihall  appear  rea- 

fcnable" 

And  impnwercd  XVI.  AND  wficreQs  It  will  be  a  confiderable  Time,^  before  a  fufficient  Sum 
fn  ui^.upMonay  ^^  defray  the  Charges  aiorefaid  is  collcded  and  received  by  this  Tax ;  whereby 
onintereft.  ^  ^^^^  Staking  out  the  Chann-ls  and  Erecling  Beacons  will  be  much  delayed  :  Be  it 
therefore  Enacted^  hy  the  Authority  oforejaid^  'I'hat  the  Commiflioners  of  the  fe- 
vcral  and  refpedtive  Ports,  fhall  have  full  Power  and  Authority  to  take  Up,  on 
Loan  or  at  IntcrefV,  any  Sum,  not  eitceeding  One  Hundred  Pounds,  Procla- 
mation Money,  in  each  of  the  faid  Ports,  m  order  to  enable  them  to  have  the 
faid  Channels  "Staked,  and  Beacons  ercdcd,  as  aiorefaid,  as  foon  as  poflible. 

<i-om;r«.nc=of        XVIL  A  N  B  he  it  further  EnaEled,    hy  the  Authority  aforefaid.    That  this 
the  Aft,  ^^  ^^jl  continue  and  be  in  Force  for  and  during  the  Term  of  Five  Years,  and 

from  thence  to  the  End  of  the  next  Seffion  of  Alfcmbly,  and  no  longer. 


CHAP.     III. 


Fre.iinbie. 


Treafurer  af  • 
pointed. 


B.^^d5 


to  give 


An  AB,  for  appointing  a  "freafurer  for  the  Counties  of  Currituck,  Paf- 
quotank,  Pequimons,  Chowan,  Tyrell,  Bertie,  Edgcomb,  Nor- 
thampton, ^7W  Granville  J  and  for  continuing  an  AB,  intituled,  kn 
A6t,  to  appoint  a  Public  Treafurer  in  the  Room  of  Eleazer  Allen^ 
Efqj  deceafed. 

I.  ^-TTHEREAS  by  an  Aft,  intituled.  An  A^,.  to  appoint  Puhlic  Trea- 
W  fii^e^^-  paffed  at  Newbern,  the  Sixth  Day  of  Aprils  in  the  Year  of  our 
Lord  une  Thoufand  Seven  Hundred  and  Forty  Eight,  It  was,  among  other 
Thin"-s,  Ena6ted,  That  the  faid  At\  fhould  continue  and  be  in  Force  tor  the 
TernTof  Four  Years,  and  from  thence  to  the  End  of  the  next  Stfilon  of  Alfem- 
bly,  and  no  longer  •,  and  as  the  faid  Ad  is  juft  Expiring, 

II.  "W  E  pray  it  may  be  Enafted,  And  be  it  Ena^ied^  hy  his  Excellency  Gabriel 
Johnfton,  Efq-^  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs 
CourwU  ^nd  General  Affembly  of  this  Trovince,  and  by  the  Authority  of  the  fame^ 
That  Mr.  John  Haywood  be,  and  he  is  hereby  appointed,  Publick  Treafurer  for 
the  Counties  of  Currituck,  Pajquotank,  Pequimons,  Chowan,  Tyrell,  Bertie,  Edg- 
comb, Northampton,  and  Granville,  in  the  Room  and  Stead  of  Mr.  Thomas 
Barker,  who  has  refigned  the  faid  Office  :  Which  faid  Treafurer  fhall,  before  He 
enters  upon  his  Office,  give  Bond,  with  fufficient  Sureties,  to  our  Sovereign  Lord 
the  King,  his  Heirs  and  Succeffors,  in  the  Sum  of  Two  Thoufand  Pounds,  law- 
ful 


L   A  fy  S     0/     NoRtH-CAROLiNA.  363 


ful  Money  of  Great-Britaitti^  tor  the  faithful  Difcharge  of  his  fuid  Office  :  Which    -^  ^-  '75*. 
Bond  {hall  be  lodged  in  The  iiecret^rv^s  Office.  *^ v ' 

III.  AN  D  be  It  further  Ena£lecU  by  the  Authorit;^  aforefaid.  That  the  Sherifsj  5^^^;^,  ^^  ^^^ 
County  Treafurers,  and  all  other  Ferfons,  concerned,  or  who  have  been  con-  hZ' ^01  J^'t7w. 
cerncd,  in  the  Collefting  and  Receiving  any  Public  Money,  within  the  rcfptttive  Trerfum'''jk'l" 
Counties  of  C«m/^f^,  Pajquotank^  Ptquimons^  Chowan^  I'yrell,  Bertie:,  Ea^comh^  to^couTi  w^th 
NorthamptoTii  and  Gran-viiley  who  haVe  not  already  accounted  tor  and  paid  the  j-u^er"*^""^'"* 
lame  to  Mf.  Thomas  Barker^  or  to  the  Committee  of  Accounts  of  both  Houfes, 

Ihall,  upon  Oath,  account  for  and  pay  to  the  faid  John  Haywood^  all  the  Monies 
by  them  refpLClivcly  received,  or  which  by  Law  they  ought  to  have  received, 
and  are  accountable  for  j  Under  the  Penalty  of  Twenty  Pounds,  Proclamation 
Money. 

IV.  AND  be  it  further  ^na£icd,    by  the  Authority  aforefaid.    That  all  and  ^^»'(^^,  &c. 
every  Sheriff  and  other  Perfons,  who  fhall  be  concerned  in"'  the  Colledling  and   ^Z^M^h^ 
Receiving  the  I'ublic  Monits  hereaiier  to  be  Collefted  and  received,  within  the  '^'"'"rcr  aan«- 
feveral  Counties  above-mentioned,  Ihall,  Annually,  account  for,  upon  Oath,  and  *'^' 

pay  the  fame  to  the  Public  Treafurer  atbrefaid,  at  the  Courts  of  Ailjze  held  at 
Edenton  and  Edgcoynb^  in  the  Month  of  October ;  under  the  Penalty  of  Twenty 
Pounds,  Proclamation  Money. 

V.  AND  he  it  further  Ena£led^  by  the  Authority  afcrefaid^  That  the  faid  treafurer  to  t^t 
Public  Tic-:lurcr  is  hereby  authonl-d,  impowercd,  and  required,  to  fue  and  pro-  ^kalf 't^ac"" 
ftcute  all  fuch  oh.riiS,  County  Trc..lurers,  or  other  Accountants,  their  Heirs,  count  with ^him. 
Executors*   or  i^dminiftrtcrs,  or  other  Perfons,  who  have  heretofore  been,  or 

who  thai!  hereafter  be  concerned  in  the  C  oik  ding  or  Receiving  the  Public  Moneys 
or  who  haVe,  or  fhall,  at  any  Time  hereafter,  have  any  of  the  faid  Money  in  their 
Hsnds,  within  any  of  the  faid  C  ountks,  and  fhall  negled  or  rtfufe  to  account  for 
and  pay  the  fame  •,  and  alfo  on  the  feveral  Bonds  already  given,  or  hereafter  to  be  Aifo  th.ir  fevej«i 
given,  by  each  and  every  of  the  faid  Sherifs  of  the  faid  Counties,  County  Trea-  ^""'''• 
lurers,  or  other  Perfons,-  in  any  of  the  faid  relpedhive  Counties,  for  the  due  and 
faithful  Performance  of  their  fcvtral  Offices  and  Duties :  And  the  Clerks  of  the 
feveral  CoUnty  Courts,  ana  every  other  Pcrfon  or  Perfons,  having  fuch  Bond  or 
Bonds,  Account  or  Accounts,-  or  other  Papers,  in  his,  her,  or  their  Keeping  or 
PofTetBon,  is  and  are  hereby  dirtfted  and  required  to  deliver  the  fame  to  the  Pub- 
lic Treafur.-r  aiorifaici,  of  fuch  County  where  the  faid  Bond  or  Bonds  was  or  were 
given,  or  Accounts  or  other  Papers  lodged  j  when  he  fhall  demand  the  fame. 

VI.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  the  faid  Treafurer w  a<- 
Publk  Treafunr  fhall,  from  1  i me  to  Time,  as  often  as  he  is  required,  upon  GeT'itmbiy 
Oath,  account  tor  and  pay,  to  the  General  Affcmbly,  all  fuch  Sums  of  Money  ^n^^Howeds/v 
which  he  ihall  r-ceivo  by  Virtue  of  this  Aft  ;  for  which  Trouble,  he  Ihall  be  al-  ^""' 
low.a  Five  per  Cent,  on  all  ^4onies  by  him  received  and  paid  into  the  AfTembly, 

(except  fuch  Monies  as  he  Ihall  receive  from  Mr.  "Thomas  Barker^  late  Treafuref) 
and  may  dedu6l  the  fame  accordingly. 

VIL  AND  be  it  Enacted,  by  the  Authority  aforefaid.  That  all  the  Penalties  In  Pendtie.ho^  « 
this  Ad  b- fore- mentioned,  (hall  be  fued  for  and  recovered  in  the  General  Court  te '«ove.ec>,  an* 
of  this  Province,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information  ;  wherein  no  '''^''"** 
EfToign,   Protfdion,  Injundion,  or  Wager  of  Law  fhall  be  allov/ed  or  admitted 
of:  Two  Thirds  whereof  to  his  Majefly,  to  be  applied  for  the  Ufc  of  the  Pub^ 
lie,  and  the  other  Third  to  the  Treafurer  aforefaid. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  faid  p„,,t,o«  xu 
Public  Treafun  r  ihall  negled  or  refufe  to  account  for  and  pay  to  the  General  Tr.-^furemtgUe- 
AlTembly,  all  fuch  Sums  of  Money  which  he  ffiall  receive  by  Virtue  of  this  Ad,  ''"^''^  """"'' 
he  fhall  forfeit  and  pay  tbe  Sum  of  Fifty  Pounds,  Proclamation  Money,  for  each 
Negled  or  Refufal  i  to  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Infor- 

Z  4  mation^ 


3^4 


LAWS    o/"  North-Carolina. 


A.  o.  1752     mation,  in  the  General  Court  of  this  Province,  by  him  or  them  th:it  Ihall  or  will 
•*— — ^—^  fue  for  the  fame ;  wherein  no  EfToign^  Injunftion,  or  Wager  6f  Law  Jhall  be 
allowed  or  admitted  of :  Two  Thirds  whereof  to  his  Majtlty,  to  be  applied  for 
the  Ufe  of  the  Public,  and  the  other  Third  Part  no  the  Frofccutor.  .- 


A5- 


Gontinu'ancc  of 
thsAft. 


IX.  AND  whereas  by  an  Acfc,  intiailed,  /i,i  J^:^  u  appoint  a  Puhlic  Trca- 
furery  in  the  Room  of  Eleazer  y\]len,  Efq-,  deceafed^  paffed  the  Fifth  Day  oijuly^ 
in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Fifty,  it  was,  a~ 
mongft  other  Things,  Enaded,  That  the  faid  A61  fiiould  continue  in  Force  for 
Three  Years,  next  alter  the  pafilng  thereof,  and  from  thence  to  the  End  of  the 
next  Sefilon  of  AlTembly,  and  no  longer ;  and  as  many  Inconveniencies  may  arifc 

,  '"by  the  Shortnefs  of  the  faid  Time,  Be  it  Enacted^  hy  the  Authority  aforefaidj  That 
the  faid  Aft  fliall  be  continued  in  full  Force  for  and  during  the  Space  and  Term 
of  Three  Years,  from  the  pafTmg  hereof,  and  from  thence  to  the  End  of  the  next 
Seffion  of  AfTembly,  and  no  longer  •,  any  Thing  in  the  before-recited  Aft  to  the 
contrary,  notv/ithftanding. 

X.  AND  be  it  further  Enacted^  by  the  Authority  aforefaidy  That  this  Aft 
Ihall  continue  in  full  Force  for  and  during  the  Space  and  Term  of  Three  Years, 
from  the  paffing  hereof,  and  from  thence  to  the  End  of  the  next  Seffion  of  Af- 
fembly,  and  no  longer. 


CHAP.     IV. 


iW.-thcd  ro  b« 
sbfcrvi-d    in 
wj.gKing  Pilch 
«nij  Turp'^inine, 


An  A(^^  to  amend  and  extend  an  AB,    to  appoiiit  InfpeStors  in  New- Ha- 
nover County  y  and  for  regulating  ths  Exports  at  Cape-Fear. 

I.  "^X  7"  H  E  R  E  A  S  by  an  Aft  of  AfTembly  of  this  Province,  pafled  in  the 
W  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Fifty  One,  in- 
tituled. An  Act y  to  appoint  Infpectois  in 'Nc^-H^novtr  County,  and  for  regulating 
the  Exports  at  Cape-Fear,  it  is,  amongft  other  Things,  E.nuftcd,  That  each  Bar- 
rel of  Pitch  or  Turpentine  fhall  weigh  Three  Hundred  and  Twenty  Two  Pounds, 
with  the  Cafk  j  and  whereas  feveral  Inconveniencies  have  arifcn,  and  may  anle, 
by  afcertaining  the  Weight  of  each  Barrel  as  aforefaid :  For  Remedy  whereof,     , 

II.  BE  it  Ena^edf  by  his  Excellency  Gixbnel  Johnflon,  Efq-,- G^l'erficr,  by  and 
with  the  Advice  and  Confent  of  his  Majejly^s  Council^  and  ths  General  AJfembly 
of  this  Province,  and  it  is  hereby  EnaSied,  hy  the  Authority  of  the  fame ,  I'hat  from 
and  after  the  pafilng  of  this  Aft,  every  Barrel  of  Pitch  or  Turpt  irtine  which  fhi-iU, 
by  Virtue  of  this  Aft,  be  tendered  foY  Infpeftion,  fliall,  before  it  be  branded  by 
the  Infpeftor,  be  weighed  in  the  Infpeftor's  Prefence ;  and  every  Three  Hundred 
and  Twenty  Tv/o  Pounds  Weight,  with  the  Cafk,  of  Pitch  or  Turpentine,  fhall 
be  accounted  a  Barrel  of  Pitch  or  Turpentine,  and  fo  in  Proportion  ;  any  Thing 
in  the  before-recited  Aft  to  the  contrary,  notwithflanding :  And  the  W^eight  of 
each  Barrel  of  Pitch  or  Turpentine,  fhall,  by  the  Infpeftor,  be  marked  on  the 
Head  thereof,  with 


Finally  for  «own- 
tcrfeiting  Infpec- 
Icri  Brand, 


a  Marking-Iron. 


III.  AN  D  be  it  further- Enacted,  by  the  Authority  aforefaid.  That  if  any 
Perfon  fhdU  forge  or  counterfeit  any  Infpeftor's  Brand  on  any  Cafk  or  Barrel, 
which,  by  Virtue  of  this  Aft,  and  the  before-recited  Aft,  ought  to  be  branded 
by- the  Infpeftor,  or  fliall  tender  in  Payment,  or  deliver  for  Exportation,  any 
Cafic  or  Barrel  with  a  forged  or  counterfeit  Buand,  knowing  the  fame  to  be  forged 
or  counterfeited,  every  Perfon  fo  offending,  and  being  thereof  convifted,  fhall 
forfeit  the  Sum  of  Ten  Pounds,    Proclamtion  Money,    and  alfo  every  CafK, 

conuining 


L    ^^  //^  iS"   o/^  No  R  T  H  -  C  A  R  O  L  I  N  A.  ^.^6§ 

containing  any  of  the  aforeiaid  Comnioditiesj  To  tendered  in  Faynitnt  or  dcli-,^  ■^^   '"Se- 
vered ;  to  be  rijcovcred  by  him  oil'lhem  that  Ihall  fue  for  the  fane,  in  any  Court  ^==---V" 
of  Record  in  this  Province,  by  Aftion  of  Debt,  iiiii.  Plaint,  or  Information  5 
wherein  no  Eflbign,  Protedtion,  Jnjundtion,  or  Wajger  O'f  ISaw  fhall  be  allowed 
or  admitted :  Qne  half  to  the  Profccutor,  the  other  half  to  the  Churchwardens, 
(or  the  Ofe  of  the  Pariili  where  the  Cite'nce  fhaji  be  CQipriixiixtQd. 

IV";  AND  whereas  the  Fee  allowed  the  Infpector  for  iiifpecting  each  Barrel 
jpf  Beef,  P.orJ<,  and  ^icc,  Pitch,  and  Turpentine,  is  found  not  adequate  for  his  ''"'^^'^"'  "*' 
Trouble  in'  infpccting  the  fanic  j  Be  it  therefore  Enacted^  hy  the  Authority  afore- 
[aid.  That  it  Ihall  and  may  be  lawful  for  every  Infpector  to  have  and  receive 
for  his  Fee,  for  infpecting  and  branding  each  Barrel  of  Beef,  Pork,  and  Rice, 
Six  Pence  i'and  for  br.inding  and  marking  each  Barrel  of  Pitch  and  lurpentine. 
Two  Pence,  Proclamation  Money,  and  no  more  j  any  Thing  in  the  above-re- 
cited Ace  to  the  contrary,  notwithftanding. 


Acr  !«» 


■  V.  A  NO  whereas  the  Inhabitants  and  Traders  in  the  Ports  of  Bath  and  Port.  t.r., 
'Beaufott^  in  order  to  ertcourage  the  Trade  thereof,  are  defirous  that  the  Exports  '"p-^'^"- 
of  thole'  Ports  may  be  un.der  the  like  Regulations  as  the  Exports  of  Cape-Fear  : 
Be  it  therefore  Enacted,  by  the  Authority  aforefaid^  That  from  and  after  the 
Twenty  Ninth  Day  of  Scptan'ber,  next  after  the  paifing  of  this  Act,  the  feveral 
Goods  and  Commodities  fhipp-d  for  Exportation  out  of  the  faid  Ports,  and  the 
Branches -thereof,  fliall  pafs  the  like  Infpection  and  Regulation,  as  the  like  Goods 
and  Commodities  pafs,  in  Virtue  of  an  Act,  intituled.  An  Act^  to  appoint  Infpec- 
tors  in  New-i^anovCr  County^  and  for  regulating  the  E^^ports  at  Cape  Fear. 

**  Vl.  A  N  D  he  it" further  Enacted,  hy  the  Authority  afore faid^  That  Mr.  John 
Spooner,  be,  and  is  hereby  appointed  Infpedor  Oi  Bogue  Inlet,  and  the  other  In-  ^"^3°" 
lets  in  Onflow  County :  And  that  Mr.  Jofeph  Bell,  be,  and  is  hereby  appointed  ^'" 
Infpedloi-  of  Cere-Sound,  in  Carteret  County  :  And  that  Mr.  Jeremiah  Vail,  be, 
and  is  hereby  appointed  Infpedor  of  Neufe  River,  in  Craven  County:  And' that 
■Mr'.  WliVey  Ch7u;icey,  be,  and  is  hereby  appointed  Infpector  of  Beaufort  County, 
in  the  Port, -of  Bath :  And  that  Mr.  Samuel- Sinclare,  be,  and  is  hereby  appointed 
Inspector  of  Hyde  County,  in  the  Port  aforefaid  :  And  that  each  and  every  of  the 
faid  mfpect'ors  Ihall,  before  he  enters  on  his  faid  Office,  give  Bond,  and  make 
Oath,  in  .the^(^ourt  of  the  County. where  he  is  to  officiate,  in  the  fame  Manner 
as  the  Irifpcctors  st  Cape-Fear  are  by  Law  required  to  do. 

5.-YP*  ^^^'^.-^  ^^  *^  further  EnaSfed,  hy  the  Auihority  aferefaidi  That  each  and  The;rPow< 
bvery  .InfDcctor  fo  qualified,  Ihall  have  and  enjoy  the  like  Powers  and  Authorities^  Authontiei 
and  be 'under  the  fime  Rules  and  Regulations,  and  be  liable  to  the  like  Fines  and 
Penalties,  and  intituled  to  the  like  Fees  a^d  Re^vards,  in  the  Execution  of  their 
fefpective  Offices,  .as  any  Infpector  -sg  Cape-Fear  has,  or  ought  to  have,  by  Virtue 
of  t^e  aforefaid  Acr,  To  appoint  Infpectors  in  New-Hanover  County,  and  for  rt?u- 
^tingthe  Exports  at  Cape-Fear. 

,    yill.  A  N  D  he  it  further  Ena^ed,  hy  the  Authority  aforefaid,  That  the  Collec-^  coiuaors    ho» 
tor  of  Port-Beaufort,  and  the  Collector  oi  Pert-Bath,  in  their  feveral  Pons,  Ihall  ^°  ""'"""' 
conform  themfJves  to  the  like  Rules  in  Clearing  out  Veffcls  in  their  faid  feveral 
Ports,  and  be  intitled  to  take  and  receive  for  their  Fees,  and  be  liable  to  the  like 
Porl^itures.,  as  the  Colleaor  of  P<jr^£r«)f/w/V/^  now  is,  for  VclTels  cleared  out  of 
his  Port,  by  Virtue  of  the  before- recited  Act.  ' 

IX.  A  WD  he  it 'further  Endued,  hy  the  Authority  aforefaid.  That  the  feveral 
County  Courts,  and  Jullices  of  the  Peace,  where  each  of  the  above  Infpe6tors  JuttS  inTxe" 
may  officiate,  ffiall  have  the  fame  Powers^and  Authorities  in  their  feveral  Counties,  «"«''>»  t^u  Aft. 
m  putting  this  Aft  in  Execution,  as  the  County  Court  and  Juftices  oi  New-Han- 
ever  have  or  ought  by  Law  to  have^  C  H  A  P. 


iweri  it 


wimmmamtiamtH^ 


366  LAWS    o/'North-GaroLii^a. 

-    ■   I   '■  •  ■-  --     .  .  .  -,  ^ .       -  ^  ^ 

A.  D.    1752. 

"^--v- — *  G  H  A  p.    V. 

An  Acfy  to  amend  an  ASty  for  regulating  the  Pilotage  cf  Capc-Fear  J^i^ 
very  and  to  impower  the  Captain  of  Fort  Johnfton,  at  the  Mouth  of  the 
Jaid  River y  to  examine  all  Vejfels  entering  the  faid  River ^  concerning  tbi 
Health  of  their  Creios  on  Board  the  faid  Feffels. 

I.  \\T  H  E  R  E  A  S  in  the  before'-recited  Aft,  the  Fees  allowed  the  Pilots  of 
VV     Cape-Fear^  are  too  fmall : 

II.  W  E  therefore  pray  that  it  ftlay  be  Enafted,  And  he  it  Enact ed,  hy  his  Ex" 
cellency  Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advtce  and  Confent  of 
his  Majejifs  Council,  and  the  General  Affembly  of  this  Province,  and  by  the  Au- 
thority of  the  fame.  That  from  and  after  the  pafiing  of  this  Aft,  it  fhall  and  may 
be  lawful  for  the  Pilots  at  Cape  Feary  to  take,  for  piloting  every  Veffcl  over  the 
Bar  up  to  Brunfwick,  thfe  Rates,  in  Proclamation  Money,  according  to  the  fol- 
lowing Table ;  any  Thing  in  the  before- recited  Aft  to  the  contrary,  notwith- 
ftanding,  viz. 
p  ?o  3  Fees  FOR  every  Veflel  drawing  Six  Feet  of  Water,  or  Itfs,  Twelvis  Shillings  and 

Nine  Pence. 

F  OR  every  Veflel  drawing  SeVen  Feet  of  Water,  Seventeen  Shillings  and  Six 
Pence. 

FOR  every  Vefiel  drawing  Eight  Feet  of  Water,  Twenty  Two  Shillings  and 
Six  Pence. 

FOR  every  Vefiel  drawing  Nine  Feet  of  Water,  Twenty  Seven  Shilling* 
and  Six  Pence. 

FOR  every  Veflel  drawing  Ten  Feet  of  Water,  Thirty  Shillings. 

FOR  every  Veflel  drawing  Eleven  Feet  of  Water,  Thirty  Five  Shillings. 

FOR  every  Veflel  drawing  Twelve  Feet  of  Water,  Forty  Shillings. 

FOR  every  Veflel  drawing  Twelve  Feet  and  an  half  of  Water,  Forty  Five 
Shillings. 

F  O  R  eVery  Vefiel  drawing  Thirteerr  Feet  of  Water,  Fifty  Shillings. 

FOR  every  Vifeel  drawing  Thirteeft  Feet  and  an  half  of  Water,  Fifty  Five 
Shillings. 

FOR  every  Veflel  drav/ing  Fourteen  Feet  of  Water,  Tbfee  Pounds. 

FOR  every  Veflel  drawing  Fourteen  Feet  and  an  half  of  Water,  Three 
Pounds  Five  Shillings. 

FOR  every  Veflel  drawing  Fifteen  Feet  of  Water,  Three  Pounds  Ten  Shillings. 

FOR  every  Veflel  drawing  Sixteen  Feet  of  Water,  Four  Pounds  Ten  Shillings. 

FOR  every  Veflfel  drawing  Seventeen  Feet  of  Water,  Five  Pounds  Five 
Shillings. 

A  N  D  for  piloting  a  Vefiel  from  Brunfwick  up  to  the  Great-Jflani,  one  Third 
Part  of  the  above  Rates,  according  to  the  Draught  of  Water  of  fuch  VeflTel  re- 
fpeftively  -,  and  from  the  faid  Great-lfland,  over  the  Flats  up  to  Wilmington,  oiie 
other  Third  Part  of  the  iliid  Rates  as  aforefaid  ;  and  for  piloting  each  Vefiel  out- 
ward bound,  the  like  Rates  fliall  and  may  be  taken,  for  the  like  Diftances  and 
Draughts  of  Water  refpectively,  as  are  herein  before  afcertained  for  Veflfels  in- 
ward-bound. 

i'.rjityfor  t.k.      ^^^'  A  N  B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Pilot 
ins  grciur  Fee!,  fliall  prefumc  to  take  greater  Fees  than  the  aforefiid,  under  the  Penalty  mentioned 
in  the  before-recited  Act ;  to  be  recovered  and  applied  as  is  therein  directed. 

IV.  AND  whereas,  in  the  before- recited  Act,  it  was  Enacted,  That  if  any 
Veflel  fliould  come  over  the  Bar  before  a  Pilot  gets  on  board  the  fame,  fuch 

Vcfla 


I'UWaL.'lil   "W-U,.! 


L  A  JV  S   of  North-Carolina,  367 

.Veffel  fhall  noc  be  liable  to  pa"y  above  one  half  Pilotage^  which  is  found  to  be    ■^-  ^-   '752- 
<of  very  bad  Confequence  •,  Be  it  therefore  Enaoled^   by   the  Authority  aforefaid^  *^ — v — r-' 
That  if  any  Pilot  ihall  ufe  his  utmoil  Endeavours  and  Skill,  to  get  on  board  a  whole  f?"" if 
Veflel  before  ihe  conies  over  the  Bar^  he  Ihall  be  intitled  to  his  whole  Fees  \  any  ^^  '^'"'<^^'''^""  to 
Thing  in  the  before-recited  Ad  to  the  contrary,  notwithftanding.  tu^  ^"^"^^^^^ 

V.  AND  U'hereas  it  has  been  fireqiiently  the  Cuftom  of  Mailers  of  Veflels  or  Mift<rrs  of  Vef- 
others  to  fi^nd  for  a  Pilot  to  carry  dov/n  a  Veflel  before  they  were  ready  to  o-o  ^-^'^  f<:n<)ing  for 
down-,  Bs  it  Jhcrefcre  Enacted,  by  the  Authority  aforefaid.  That  fuch  IWafters  of  Tr'^eaSyftV''*^ 
Veflels  or  others,  Ihall  maintain  fuch  Pilot  at  his  own  pcoper  Expence  and  Charge,  «''*'"-in  t^cra. 
tjntil  he  be  ready. 


VI.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  each  and 
every  Claufe  in  the  bcfore-recitcd  Aft^  within  the  Purview  of  this  A6t,  is  hereby 
repealed,  and  declared  null  and  void,  to  all  Intents  and  Purpofcs,  as  if  the  fam« 
had  never  been  made. 


Repealing  Claufe, 


CHAP.     VI. 

An  AB,  for  Dividing  Part  0/"  Granville,  Johnflon,  and  Bladen  Counties^ 
into  a  County  and  Farip^  by  .the  Name  of  Orange  County,  and  the  Fa- 
rijh  of  St.  Matthew  ;  and  for  appointin%  Vejirymenfor  the  f aid  Parijh, 

and  other  Furpofcs  therein  mentioned. 

I.  T II  7  H  E  R  E  A  S  the  Counties  of  Granville,  Johnjion,  and  Bladen^  are  no\^  Private. 

V  V  btcome  ib  very  cxtenfive,  that  many  of  the  Inhabitants  thereof  live 
very  remote  from  the  Places  where  the  Courts  of  the  faid  Counties  are  held ; 
whereby  a  great  many  Difficulties  and  Hardfliips  arife  to  the  upper  Inhabitants 
thereof,  not  only  in  attt  nding  their  ordinary  Bufin.efs  in  the  faid  Courts,  but  alfo 
by  l^ing  compt  lied  to  ferve  as  Jurymen,  and  often  Times  as  Evidences,  at  the 
iaid  Courts  :  For  Remedy  whereof, 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted^  by  his  Excellency 
Gabriel  Johnfton,  Efq\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma- 
Jejiy's  Council,  and  General  AJfembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame,  1  hat  the  upper  Part  of  Granville,  Johnfion,  and  Bla- 
den Counties,  be  eredted  into  a  County  and  PariHi,  by  the  Name  of  Orange  Coun- 
ty, and  the  Parilh  of  St.  Matthew  ;  and  be  divided  by  a  Line,  beginning  on  the 
neareft  Part  on  the  Virginia  Line  to  Hico  Creek,  thence  a  dired  Line  to  the  Bent 
of  Eno  River,  below  the  Occanechas,  near  to  the  Plantation  where  John  Williams 
now  dwelleth  ;  thence  down  the  South  Side  of  Eno  River,  to  Neufe  River  ;  thence 
down  'Neufe  River,  to  the  i^IoutK  gf  Horfe  Creek  •,  thence  a  direct  Line  to  the 
Place  where  Earl  GranvilW^  Line  croflfes  Cape-Fear  River  ;  thence  along  the 
faid  liine  to  the  Eajtcrn  Bounds  of  Anfon  County  ;  thence  along  the  dividing  Line 
o{  Anfon  County,  to  the  End  thereof:  And  that  the  upper  Parts  of  the  faid  Coun- 
ties be  divided  and  run  accordingly,  by  theCommiflloners  herein  after  appointed  : 
And  that  the  faid  County  and  Parifli  Ihall  enjoy  all  and  every  the  Privileges  which 
any  other  County  or  Parffli  in  this  Province  holds  or  enjoys.  • 

III.  A  N  D  be  it  further  EnaSfed^  by  the  Authority  aforefaid.  That  it  Ihall  arid 
may  be  lawful,  for  the  Jufl:ices  of  the  faid  County,  to  lay  a  Tax  on  all  the  Ti- 
thables  in  the  laid  County,  not  exceeding  One  Shilling,  Proclamation  Money, 
per  Annum,  for  the  Ttjrm  of  Four  Y?ars,  for  running  the  boundary  Lines,  and 
tor  building  a  Court-houfe,  Prifon,  and  Stocks,  in  the  faid  County,  at  fuch 
Place  as  the  Juftices  Ihall  agree  upon  and  appoint,  at  the  County  Court  to  be 

A  5  held 


L  A  W  S    of  North-^Carolina. 


held  3t  the  Houfe  of  John  Greys^  on  the.  Second  Tufijday  in  June  ncxn,  after  the 
paHing  of  this  Aft,  or  the  then  next  facceeding  Court  -,  and  (hall  further  divide 
the  faiU  County  into  Diftrifts,  and  fliajl  appoint  CommilTioners  of  the  Roads  for 
the  fame  :  Which  faid  Tax  fhail  be  collected  by  the  Sheriff  of  the  faid  County, 
at  fuch  Times,  and  in  the  fame  Manner,  as  other  Taxes  are  collefted. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaidi  That  the  Courts 
of  the  faid  County  fliall  be  held  on  the  Second  'Tuefdays  in  June^  September^  DC- 
cemt^eri  and  March,  Yearly. 

V.  AN D  be  it  further  Enabled,  That  Alexander  Mabin,  be,  and  is  hereby 
appointed  Sheriff  of  tiie  faid  County  of  Orange,  until  the  Time  prefcribed  by 
I^w  for  appointing  Sherifs  for  this  Province  ;  and  fhall  be  commiirioned  by  ins 
Excellency  tne  Governor,  and  vetted  with  the  fame  Powers  and  Authorities  as  any 
other  Sheriff  of  any  other  County  in  this  Province  is  veiled  with. 

VI.  AN B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Alexander 
Mabin,  James  IVatfon,  Mark  Morgan,  John  Pattifon,  Ai:drew  Mitchell,  T'hcmas 
Loveletter,  Lawrence  Bankjlon,  James  Ellif'>n,  IVllliam  Bollrng,  John  Gra;,. ,  Jchn 
Pitman,  zn^Jofeph  late,  be,  and  they  areh.reby  appointed  Vcilrymen  of  the  faid 
Parifti  of  St.  Matthew,  until  the  General  Eledlion  of  Vcitrymen,  according  to  Law  ; 
and  that  the  faid  Veftrymen  fhall  be  fuinmoned>  by  the  Sheriff  of  the  faid  Coun- 
ty»  to  meet  at  fuch  Time  and  Place^  as  the  Majority  of  the  faid  Veitrymen  ihall 
appoint  i  and  fhall  be  qualified  as  a  Veflry,  and  proceed  to  Ji'arifh  i-ulintfs. 

VII.  AN  T>  be  it  further  Enacted,  That  all  County  and  Parifn  Taxes,  al- 
ready laid  on  any  of  the  Inhabitants  of  the  fcVc-r.il  Counties  of  Granville,  Johnfton, 
and  Bladen,  (hall  be  collcfted  by  the  refpeftive  Sherifs  of  the  faid  Counties  of 
Granville,  Johnjion,  and  Bladen,  and  accounted  for  in  the  fame  Manner  as  tiio* 
this  A(5t  had  not  been  made. 

VIII.  A  N  D  to  the  Erid,  that  no  Aftion  commenced  in  Granville,  Johnflon\ 
and  Bladen  Counties,  be  defeated,  by  the  Divifion  aforefaid  -,  Be  it  Enacnd,  by 
the  Authority  aforefaid.  That  where  any  Aftion  is  already  commenced  in  any  of 
the  faid  Counties  of  Granville,  Johnjion,  and  Bladen,  and  the  Parties  or  Evi- 
dences fhall  be  the  Inhabitants  of  Orange  County,  all  fubfc  quent  Procefs  3a;ainft 
fuch  Parties  or  Evidences,  fhall  be  direfted  to  be  executed  by  the  Sherifs  of  Gran- 
ville,  Johnjion,  and  Bladen  Counties,  to  the  End  and  final  Deterniin:-.tion  of  the^ 
faid  Caufes  ;  any  Law,  Ufage,  or  Cuflom,  to  the  contrary,  notwithflanding. 

IX.  A  N  T>  be  it  further  Enacted,  by  the  Authority  aforefaid,  Thit  the 
faid  County  of  Orange  be,  and  is  hereby  obliged  to  fend  Jurors  to  the  General 
Court,  ziNewbern;  and  the  Sheriff  of  the  faid  County  fhall  account  with  the 
Treafurer  of  the  SouthernV>'AnQ:  of  this  Province,  ztNewbern,  at  th.-  Umt  Time, 
and  in  the  fame  Manner,  as  other  Sherifs  of  Counties  in  the  Southern  Diflrict  a- 
forefaid  are  obliged  to  account. 

X.  A  ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  James 
Pain,  Mr.  miliam  Pugh,  and  Mr.  James  IVatfon,  be  appointed  CommifTioners, 
an4  are  hereby  impowered  and  direfted,  to  run  a  dividing  Line  between  the 
Counties  of  Granville,  Johnjion,  Bladen,  and  Orange,  agreeable  to  the  Direftions 
in  this  Ad  before-mentioned. 

•  CHAP. 


L  A  W  S  of  No  rth-Carolina.  ^69 

CHAP.    yii.      ,  ' — ^^-^ 

An  ABy  for  appointing  and  laying  cut  a  Tcwn  at  a  Place  called  Black- 
man'i'  Landing,  en  the  Well  Side  of  Cafia  River,  on  a  Plantation  tie- 
longing  to  Joleph  Wimberly. 

j-^-^T-f^EREAS  many  of  the  Inhabitants  of  "Bertie  County,  have  peti-  ^"^*'*' 

YY  tioned  for  an  A<ft  for  appointing  a  Town  at  a  Place  called  blackmim*& 
Landing,  on  the  fVefi  Side  of  Cajia  River,  on  a  Flmtation  belonging  to  Jofepb 
iVimberiyt  and  that  CommifTioneJ-s  may  be  appointed  for  laying  out  the  fame : 

li.  W  E  pray  it  may  be  Enabled,  And  he  it  Ena£led^  hy  his  Excellency  Gabriel 
Tohnfton,  Efq\  GGVcrnoy\  by  and  tvith  the  Advice  and  Confent  of  his  Majejly*s 
Council,  and  the  General  Affemhly  of  this  Province,  and  hy  the  AuWortty  0}  the 
fame.  That  as  foon  as  the  irroprittor  of  the  faid  Land  at  the  Place  called  Black- 
maf/s  Landing,  fhall  acknowledge  his  Confent  and  Concurrence,  in  open  Court 
of  the  faid  County,  to  have  Fifty  Acres  of  Land  laid  out  for  a  Town,  as  herein 
after  is-direded,  it  fhall  and  may  be  lawful  for  'Thomas  ffhiimill,  John  Hill,  and 
John  Hearfi,  who  are  hereby  nominated  and  appointed  CommifTioners,  with  full 
Power  and  Authority  to  lay  out  Fifty  Acres  of  Land,  at  the  faid  i' J  ace  called 
J.W/^»7^«'s  Landing,  for  a  Town,  by  the  Name  o'i  tVimberly  ;  a-nd  they,  or  the 
major  Part  of  them,  are  hereby  direded  and  impowtred,  to  lay  out  Fitty  Acres 
of  Land,  at  and  adjoining  the  faid  Landing,  into  Lots,  of  halt  an  ■  ^icre  cach,^ 
with  convenient  Streets,  and  a  Place  for  a  Church,  and  Market. 

IIL  AND  he  it  further  Enacted,  hy  the  Authority  afore  faid.  That  when  the 
Commiflioners  aforefaid,  or  the  major  Part  of  them,  have  Lid  out  the  faid  Town 
in  Manner  as  aforefaid,  every  Perfon  whatfoever  who  is  willing  to  be  an  inhabi- 
tant of  the  faid  Town,  fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid 
cut  as  aforefaid,  and  not  before  tal^i^n  up  •,  which  Lot  or  Lots  the  CommifTioners, 
or  the  Majority  of  them,  are  hereby  impowered  and  direfted,  to  grant,  convey, 
and  acknowledge,  by  Deed,  to  the  Perfon  or  Perfons  fo  taking  up  the  famCj 
and  his  Heirs  and  Afligns,  for  ever,  in  Fee-Simple,  upon  Payment  of  Thirty 
Shillings,  Proclamation  Monty. 

IVi  A  N  B  he  it  further  EncMed,  hy  the  Authority  aforefaid,  That  Mr.  Robert 
Hunter,  bci  and  be  is  hereby  appointed  Treaiurer  and  Receiver  of  all  fuch  Sum 
and  Sums  of  Money  v/hich  fhall  arife  by  the  Sale  of  the  faid  Lots,  for  the  Ufe 
of  the  faid  Jcfeph  Wimherly,  his  Heirs  and  Afligns  •,  and  on  the  Death,  or  De- 
parture out  of  the  Government  of  the  faid  Treafurer,  the  faid  CommifTioners,  or 
the  Majority  of  them,  fhall  appoint  fome  other  Perfon  in  the  Place  of  the  faid 
Treafurer. 

V.  A  N  B  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  Ti-eafurer 
herein  appointed,  and  every  Treafurer  that  may  be  hereafter  appointed  by  the 
Commi/fioners,  as  aforefaid,  fhall  give  Security,  to  the  County  Court,  that  he 
(hall  and  will  account  and  pay  in  all  the  Monies  he  fhall  receive  by  the  :iale  of  all 
and  every  the  Lot  and  Lots  that  fliall  be  fold  in  each  Year,  on  the  1  wenty  Fifth 
Day  of  March,  Yearly,  to  Mr.  Jofeph  Wimherly,  his  Heirs  or  Affigns. 

VI.  P  ROV I  B  EB  always.  That  if  any  Lot  or  Lots  fhall  be  granted  and 
conveyed  by  the  fiid  CommifTioners,  to  any  Perfon  or  Pcrions  whatfoever,  who 
fhall  not,  within  Eighteen  Months,  build  a  good,  fubflantial,  habitable,  framed 
or  Brick  Houfe,  not  of  lefs  Dimenfions  than  Twenty  Feet  in  Length,  and  Six- 
teen ^tzt  wide,  with  a  Brick  Chimney,  fuch  Grant  or  Conveyance  fhall  be  void, 
and  of  none  Effed,  as  if  the  fiime  had  never  been  made  ;  and  the  CommifTioners 

may 


2^jo  .  LAWS    o/'  North-Carolina. 


A 


D-   175-'    may  grant  and  convey  fuch  Lot  or  Lots  which  ihall  not  be  built  on  within  the 

*^'— v^ — *'  Time,  and  in  the  Manner  as  is  before  directed,  to  any  other  Perfon  or  Perfons 

applying  for  the  fame,  and  paying  the  Money  for  the  faid  Lot  or  Lots,  as  is  irt 

this  Ait  before  direfted,  for  the  Ufe  of  the  faid  Jcfeph  JVimberlyy  his  Heirs  or 

Affigns,  as  aforefaid. 


CHAP.     VIIL 

jin  AB^  to  explain  and  amend  an  A6i^  intitided.  An  A<5t,  for  impower- 
ing  the  feveral  Commiffioners  herein  after-named,  to  make,  mend, 
and  repair  all  Roads,  Bridges,  Cuts,  and  Water-Courfes,  already,  laid 
out,  or  hereafter  to  be  laid  out  in  the.  feveral  Counties  and  Dillrid:* 
herein  after-appointed,  in  fuch  Manner  as  they  judge  moil  ufeful  to 
the  Public. 

I.  "TT  T  H  E  R  E  A  S  feme  Doubts  have  arifen,  whether  the  Commiflloners, 
VV     '^y  Virtue  of  the  before-recited  Aft,  had  fufficimt  Power  to  clear  any 
Rivers  or  Creeks  •,  the  Want  whereof  hath  been  greatly  detrimental  to  the  Trade 
and  Navigation  of  this  Province  :  For  Remedy  whereof, 

II.  W  E  pray  it  may  be  Ena6ted,  And  he  it  EnaHed,  hy  his  Excellency  Gabriel 
Johnfton,  Efp.;  Go'vernor,  hy  and  with  the  Advice  and  Confent  of  his  Majeftfs 
Council,  and  General  AJJ'embly  of  this  Province,  "end  by  the  Authority  of  the  fame^ 
That  from  and  after  the  paffing  of  this  Ad,  it  fhall  and  may  be  lawful  for  the 
feveral  Commiffioners  of  the  Roads,  appointed  by  Virtue  of  the  before-recited 
A(fl,  to  fummon  and  order  the  Taxables  within  their  lefpedive  Diftricts,  or  fo 
many  of  them  as  they  may  think  convenient,  which  by  Law  oiigh*  to  work  oit 
the  Roads,  to  clear,  and  keep  clear,  any  Rivers  or  Creeks,-  within  their  feveral 
and  refpective  Diftricts,  in  ftlie  fame  Manner, ,  anfd  under  the  like  Penalties,  as 
they  may  noWj  by  Virtue  of  the  before-recited  Act,  fummon  and  order  any  Per- 
fon or  Perfons  within  their  feveral  Difbricts  to  work  on  the  Roads. 

III.  PRO  FID  E  D,  That  the  faid  CommiHioners  ifilie  Summons's,  giving 
the  taxable  Perfons  liable  to  work  on  the  faid  Rivers  and  Creeks,  Two  Days 
Notice,  to  clear  the  faid  Rivers  and  Creeks,  twice  every  Year,  between  the  laft 
Day  of  May,  and  the  firft  Day  of  October,  then  next  following,  Yearly,  notify- 
ing, that  the  faid  Taxables  Ihall  work  Three  Days,  and  not  longer,  at  each  Time. 


CHAP.     IX. 

An  ASi,  to  encourage  Caleb  Grainger,  to  build  a  Bridge  over  Smith'j  Creek^ 
fiear  the  Place  known  by  the  Name  of  'Smith'j  Creek  Ferry,  in  New- 
Hanover  County. 

I.  "XliT  H  E  R  E  A  S  a  Bridge  over  SmitV^  Creek,  near  the  Place  v/herj  the 
V  V     Ferry  now  is,  would  be  very  convenient  for  Travellers ;  and  Caleb 
Grainger  being  defirous  of  building  one  there,  at  his  own  Expence,  on  Condition 
of  having  the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years : 

II.  5  £  it  Enabled,  hy  his  Excellency  Gabriel  Johnflon,  Efq\  Governor,  hy  and 
mth  the  Advice  and  Confent  of  his  Majefifs  Council,  and  the  General  Affembly 
of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  it  fhalt 

— -  and 


L    A  ^V  S     of   N  O  R  T  H  -  C  A  R  O  L  I  N  A.  371 


and  may  be,lawful  for  the  faid  Caleb  Grainger,  his  Executors,  Adminiitrators,  or 
Affio-ns,  to'eredt  and  build  a  good  fubftantial  Bridge  over  Smith\  Creek,  as  near  * 
as  he  conveniently  can,  to  the  Place  where  the  main  Road  croiTcth  the  laid  Creek, 
near  the  Place  commonly  called  Smith's  Creek  Ferry  ;  and  after  building  the  laid 
Brido-e  as  aforefaid,  it  Ihall  and  may  be  lawful  for  the  faid  Caleb  Grainger,  his 
Heirs,  Executors,  Adminiftrators,  or  Afiigns,  to  keep  a  fufficient  Gate  thereon, 
and  take  and  receive,  from  aU'Pcrfons  that  fliall  pafs  over  the  fame,  the  following 
Rates  ;  that  is  to  fay.  For  every  Man  and  Horfe,  Four  Pence :  For  every  Car- 
riao-e,  drawn  by  one  or  two  Horfcs,  or  Oxen,  One  Shilling ;  and  for  every  Ox 
or^Horfe  more.  Four  Pence  each:  And  for  every  Plead  of  Neat  Cattle,  One 
Penny ;  and  for  every  Twenty  Hogs  or  bheep.  One  Shilling,  and  fo  in  Propor- 
tion, for  a  greater' or  leffcr  Number  of. Hogs  or  .^heep  :  i^.nd  for  all  Travellers 
on  Foot,  living  in  the  County  of  Ne'-^- Hanover,  Two  Pence  each,  for  and  during 
the  Space  of  Twenty  Five  Years. 

III.  A  N  D  ie  it  further  Enabled,  by  the  Authority  aforefaid.  That  after  the 
faid  Bridge  is  fo  built  and  compleated  as  aforefaid,  (provided  the  faid  r^ritge  Ihall 
be  fo  done  within  Two  Years  after  the  palling  of  this  .  &)  it  (ball  not  be  kwful, 
durin<?-  the  Time  the  faid  Bridge  fliall  be  kept  in  Kepau,  and  fit  for  Tr..vdUrs 
and  Carriages  to  pafs  and  re  pafs  over  the  fame,  for  an)4  Perfon  whatfoevir,  to 
keep  any  Ferry, .  build  any  Briage,  or  fet  any  Perfon  or  Perfons,  Carriage  or 
Carriao-as,  Cattle,  Hogs,  or  Sheep,  over  the  faid  Creek,  for  Fee  or  Reward, 
within  Six  Miles  of  the  fame,  during  the  Time  aforefaid,  under  the  Penalty  of 
Twenty  Shillings,  Proclamation  Money,  for  each  and  every  Offence ;  to  be  re- 
covered, by  a  Warrant,  by  the  faid  Caleb  Grainger,  his  Heirs,  Executors,  Ad- 
miniftrators, or  Afligns,  before  any  Magiftrate  of  the  County  oi  New-Hanover; 
to  be  applied  to  the  Ufe  of  the  Proprietor  of  the  Bridge  built  by  the  laid  Caleb 
Griinger,  and  during  the  faid  Time,  the  Right  and  Property  of  the  faid  Bridge  is 
h-v^hy  invt^tdi  in  xhtiixdiCaleb  Grainger,  his  Heirs,  Executors,  Adminiftrators, 
or  Afligns. 

IV.  A  N  D  be  it  furtber  Enabled,  hy  the  Authority  aforefaid.  That  when  the  a- 
forefaid  Bridge  Ihall  be  built,  tfie  aforefaid  Caleb  Grainger,  his  Heirs,  Executors, 
Adminiftrators,  or  Afligns,  fhall  keep  the  fime  in  good  Order,  and  fit  for  paf- 
fing  over,  during  the  atorcfaid  Space  of  Twenty  Five  Years  5  and  Ihall,  at  the 
Expiration  thereof,  leave  the  fame  in  like  good  Order. 

SIGNED    by 

Gabriel  Johnston,  Efq-,  Governor. 

Matthew  Rowan,    Pr.fident. 

Samuel  Swann,   Speaker: 


A.     D.       17; 

>,^ — 


$^ 


T^  ^( 


AN      ALPHABETICAL 

T        A        B        L 

OF     THE 
TITLES     of    the     fcveral     ACTS, 


E 


Page. 
C  T  S  of  AflTembly  confir- 
med, as  revifed  by  the 
Commrflioners,  308 

. .  Actions  Limitation  of,    7 

Adminiftration,  Lctttrs  ot,  how,  and 
to  whom  granted,  27,  58 

Agent  appointed,  278,   341 

Aid  to  his  Majefty  granted,  and  the 
Method  of  paying  Taxes,  119 

Anfon  County  erected,  319 

Appeals  and  Writs  of  Error,  6 

Aflembly,  General,   Members  of,  their 
Expcnces  defrayed,  and  their  Atten- 
dance compelled,  272 
Attorney-General's    Salary   increafcd, 

330 
Attorney's  Fees  taxed,  180 

B. 

Barrels,  Gauge  of,  afcertain'd,  23 

Baih-Town  appointed,  31,  Common 
confirm'd,  -^6,  Inhiicitants  exemp- 
ted from  working  on  Ciie  Roads,  1 1 7 
Town  to  be  fenced,  i^c.  208 

Bi^r^ufori  Town  incorporated,  62 

Beaufort  County,  Jufcices  of,  impow- 
ercd  to  build  Wareiioufcs,  182 

Bertie  Precinct  credcd,  40 

i)V7-//>  Court- houft- erected,  ^c.        iS^v 
Bills  of  Exchange ,  Damage  upon  them 

when  protclled, 
Bladen  Precinft  appointed, 
Book-Debts,   how  prov'd. 
Boats'  ^c.  not  to  be  taken  away, 
Brunfo)ick.  lown^     incouraged. 

Church  to  be  built  in  it. 
Burials;  private,  prohibited, 

C. 

Cattle  and  Hogs,  .ftealing  of  them  pre- 
venicd,  I'i^c^.  Not  to  be  driven  on 
other  Peopl^.'S  Lands,  •  24 

Chur-ches  eft.iblifhed,    Parilhes  appoin- 
ted, and  VeHrieseleded,  156 
Coroners  appointed,  2 
Cor.ftabies  p.ppointed,                         i^i 
Court-hoiif.  s,  6'f.  eredtcd,              150 
Courts  and  Court  houfes  fettled,         51 
Courts  of  Juftice,  and  Circuit  Courts, 
elhblifhed,.                224,  304,    324 
Conveyiinccs    of    Lands,     Goods  and 
Chatties,  how  to  be  made,              19 
•Crdt^<?w County  Court  alter'd,            344 
Crinr^inals,  Commitment  of,                4 


147 
82 

97 
141 
210 

349 
26 


D. 

Tiavis^  James,   Printer,  Ad  for  incou- 

raging  of  him,  289 

Debtors,  Exportation  of,  prevented,   15 

Ad  for  Relief  of  them,  287 

Decree  of  the  Court  of  Chancery,    in 

•     Favour  of  fViUiam  Buckinfield,  Efq; 

confirmed,  . . 

Deeds  and  Mortgages,  Frauds  in  them 

prevented,  j^^ 

Deer,  when  to  be  killed,  91,   188 

Buplin  County  ereded,  317 

Court  where  to  be  held,  35 £ 

Duty  on  Rum  imported  into  Anfon,   34Z 

Duty  on  Goods,  Rum,  i^c.  ^^^ 

E. 
Edenton  Town-Lands  fecured,    former 
Privileges  confirmed,  and  further  in- 
couraged,   103,     Commiffioners   to 
finidi  the  Church,  m,  Towri-Fencc 
to  be   kept   in  Repair,  203,     Ano- 
ther Gate  to  be  ereded,  1 84 
Edgcorab  County  eftablifhed,    and  the 
Bounds  of  Nortbwefi  and  Society  Pa- 
rifhes  afcertain'd,      133.       Edgcomb 
■  County  Line  bet  ween  2jr^// and  5<?.j«- 
/ijr/ afcirtained,                    137,   261 
Eledions  regulated,   177,     Number  of 

Members  afcertain'd,  223 
Efcheat  Lands,  and  Efcheatcrs,          n 
Executions,  Goods  taken  upon  it,  how 
to  be  difpos'd,  r 

F.  * 

Fees,  Ad  for  regulating  them,  250 
Feme  Coverts  how  topafs  Lands,  9,  337 
Fences,  what  are  fufficient,  25 

Ferry  from  Core-Point  tqBath-Town,  1 1 6 
Fortification  on  C^/f^-J^^^zr  River,    iqq 

G. 
Cr^m-y/Y/^  County  ereded,  220,  Tax  on 
the  Inhabitants,  for  finifhing  the  Pub- 
lic Buildings,  258,  County  Court 
removed,  271 
Grainger,  Cakb,  impowercd  to  build  a 
Bridge  o  ver  Smith's  Creek,  3  70 

H. 
Hides,  not  to  be  exported,  259 

Biggins,  Michael,  encouraged  to   build 
a  Bridge  over  "Trent,  322 

Horfts  and  Mares,  Breed  encouraged,  59 
Hyde  County  ereded,  73 

I. 
Indians,  reftrained  from  molefting  the 


2  TAB 

white    Inhabitants,    and  their  Lands 
ieciired,    38.      Bounds  of  Meherrin 
•  Indians  Lands'  fettled,"  71.     1'ttjka- 
rora  Indians  Lands  fettied,  273 
Intails  how  to  be  docked,  291 

Inteftates  Eftates,  Frauds  in  them  pre- 
vented, 27,   58 
InCpe&ors  iz  Cape- Fear f  331,   nt  New- 

bern,  &c.   364 
J obnjicn  County  tvtCt&A,  219 

Johnjion  Town,  in  OtiJloWi  eftablilhed. 

Jurymen,  Ads  concerning  them,  263, 


L. 


30^ 


Lands,  Acl  concerning  old  Titles,  7, 
Difputes  about  Lands  already  fur- 
veyed  prevented,  9,  Abules  in  tak- 
ing up  Lands  prevented,  and  the 
Method  of  furveying,  2,  Titles  of 
Perfons  who  have  purchafcd  Lands 
oi  Co\.  Thomas  Cam,  confirmed,  41 
Titles  and  Bounds  of  Lands  fettled, 
54,  The  faid  AdputinElxectition,  76 
LawSjCommiffioncrs  to  revife  and  print, 
them,  241,  Additional  A6t  for 
it,  283 

Law  Books  to  be  provided  by  the  Juf- 
tices  ot  ths  feveral  Counties,  321 
M. 
Marriages,  Act  concerning  them,  127 
Mat( arnu/^eei added  toHyde  Cotinty,  202 
Mills,  building  of  them  encouraged,  18 
Militia,  Atfls  concerning  it,  21^,  305 
Money,  Proclamation,  emitted,      266 

N. 
Navigation  fiicilitated,  359 

Negroes,  Mulattoes,  and  white  Perfons 
intermarried  with  them,  ^c.  additio- 
nal Tax  on  them,  56 
iWwi'^r;^  Town  fettled,  61,    Church  to 
be  built,    and  the  Town    regulated, 
108,     CommilTioners    to   finifh  the 
Church,    and  receive  the  Parifh  Le- 
vies,  151,    Other  CommilTioners  to 
finifh  the  Church,  and  impowered  to 
call  the  former  Commi/Tionefs  to  ac- 
count,  201,    Tovm  regulated,  Per- 
fons Titles  (ecured,   279 
New-Hanover  Court  altered,            266 
Northampto)!  County  ereded,            1 75 

O. 
Ordinaries    regulated,     and  Tippling- 
Houfcs  retrained,  lc^^ 

Orphans,  i\ 61  concerning  them,  30 

Orange  County  ereded,  ^67 

Onpw  Prccind  eflablifhed ,  ^  2 

P. 

Parifnes  appointed,  in  Chow^a^  50 

in  Bert fCf  68 

Parifli  Commiflioners  appointed,  to  call 

theChurchwardens,^f.toAccount,68 

Pecacsk,   Johfit    impowered  tg  bwiW  « 


L    E. 

Bridge  over  ConteHtmyy  j4^ 

Pedlars^lioenfed,  355 

Peterfon,  Johannah,  impowered  to  fell 

intail'd  Lands,    and  to  make  othef 

Provifion  for  the  Heir,  ^o 

Pilotage   at  Cape-Fear  regulated,    33^ 

at  Newbern^  Bath,  znd  Edenton  ^66, 
Precinds  made  Counties,  S6 

Port  A(St  repealed,  iqq 

Public  Buildings,  Lots  in  Newbern  con.^ 

firm'd  for  them,  ^44 

R. 
Regifters,  Public,  appointed,  19.    Ad 

for  Relief  of  Perfons  who  have  not 

regiftcred  their  Deeds,    i  ^^ 
Roads,    Ads   concerning   them,      80 

190,    345 
Roads  and   Ferries,       Ad  concerning 

them,  jtl 

Road  trom  Core-Point  to  Newbern^^jA 
•    From  Bewiet's  Creek,     to  Virginia^ 

131,    From  Edsnton,    to  Pe^uimons 

Court-houfe,   184 
Roads  in  Johnjion  County,  04.6 

Roads  in  Bladen  County,  oc^ 

Rcnt-Roil,  Ads  concerning  it,  275,285 

s.  "' 

Sherifs;     Ads  concerning  them,    S6 

95*  187 
Servants  and '  Slaves,    Ad  concerning 
them,  i5j 

Seat  of  Government  fettled,  224 

Statutes  of  £«^7^?^(3  inforced  here,     203 
Sunday  to  be  kept  holy,  1^2 

1. 
Taxables,  Ads  concertiing  them,  1x9, 
180,  320,  327 
Toll-Books,  Ads  concerning  them,  24, 

48,  74 
Towns  cflabliflied  in  Hyde  Countyy    02 
in  Northampton,  323,  in  Bertte,  ^6^ 
Treafurers  to  account,  39,  48,  74 

Treafurers  appointed,  247,306,340,362 
Tryal  of  fmall  and  mean  Caufes,  145 
Tyrei  Precind  eredcd,  73,  Juftices  im- 
powered to  build  «  Warehoufe  on 
Scop'emongs,  118,  Bounds  between 
Tyrel  and  Beaufort  afccrtain'd,  1 3  7, 
261 

U. 
Vermin  to  be  dtftroyed,  a6i 

Vcffcls  to  be  entered,  ic 

Veilrics,  how  to  be  eleded,      156,  35* 
Ufury,  excefHve,  retrained,  138 

vv^ 

Weights  and  Meafurcsreguktcd,      148 
Wills  how  proved,  27,  $S 

//•7/;»/«^/o/)  eflablifhed,    99,    iij,  zqi. 
Church  IQ  be  buik  in  i;,  ^48. 


r^ 


